JUDGMENT

Pullan, J. - This is an appeal from an order of the Sessions Judge of Azamgarh rejecting an application made by one Yar Muhammad for sanction to prosecute eight persons u/s 193, I. P.C. These eight persona among others gave evidence in the Court of the Sessions Judge of Azamgarh in a case in which Yar Muhammad and others were accused of the serious offences of murder rioting and arson. The Sessions Judge believed the evidence of. five of these eight witnesses, disbelieved the evidence of one Mt. Gobindi and felt himself unable to accept the evidence of the other two. He found however that the case as stated by them was substantially true and he convicted eight persons u/s 302, I.P.C., and sentenced them to transportation for life. He also found them guilty of minor offences and all except three of them guilty of the offence of arson and awarded separate sentences under the relevant sections. When the appeal came before the High Court, the Judges were of opinion that the conviction could not be sustained in the case of any of the persons who were transported for life and the Judges stated that in their opinion the witnesses who had given evidence

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