Judgment

S. K. Das, J.: This is an appeal by special leave, and it presents some unusual features. The short facts are these. The Additional Sessions Judge of Hardoi in the State of Uttar Pradesh tried Zafar Ali Khan and three other persons on charges under Ss. 452 and 307 read with S. 34,Indian Penal Code. The case against the aforesaid accused persons started on a first information report lodged at a police station called Shahabad, purporting to have been so lodged at about 3.30 a.m. by one Farasat Ali Khan on the night between the 7th and 8th November, 1958. The case was investigated by one Mohammad Naim who was then the Station Officer of Shahabad police station. The learned Additional Sessions Judge convicted the accused persons though he found, on the evidence given in the case, that it was more probable that the first information was lodged at the police station at about 7 or 8 a.m. rather than at 3.30. a.m. From the conviction and sentences passed by the Additional Sessions Judges there was an appeal to the High Court at Allahabad (Lucknow Bench). This appeal was heard by Mulla, J. He found that Mohammad Naim had dressed up a totally unbelievable case which destroyed the evi