Jahur Sheikh vs King-Emperor - 1926 Supreme(Cal) 66

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1926 Supreme(Cal) 66

RANKIN, CHOTZNER
Jahur Sheikh – Appellant
Versus
King-Emperor – Respondent

JUDGMENT

Rankin, J. - In this case, the two appellants before the Court were convicted by a jury by a majority of 5 to 4. They were accused of having caused the death of one Abul Hossein otherwise called Munser Bap and the charge against them was one u/s 302 read with Section 34, I.P.C. The case, in effect, is that the deceased man together with one Mahomed Jan who lived in his house as a servant went from his own village to another village called Kaichipore, that these two men were returning in the evening and just after sunset, they were met by the two appellants, that after a word or two of conversation what happened was that Samiuddin--the second appellant--struck Abul Hossein on or about his shoulder with an instrument which looked like a ruler and knocked him down on the road and that thereupon Jahur--the first appellant--made after Mahomed Jan, the servant, with a dao and the servant ran home to his own village and meeting certain persons there told them what had happened. It appears that near to the scene of occurrence there were a good many houses of different people--some of whom appear to have been tenants of the deceased man. These people were not alarmed and they were n

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