Gaya Prasad vs Emperor - 1914 Supreme(All) 38

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1914 Supreme(All) 38

PIGGOTT, RAFIQUE
Gaya Prasad – Appellant
Versus
Emperor – Respondent

JUDGMENT

1. In this case Gaya Prasad Brahmin, Chadammi Lal Mallah, Raja Ram Brahmin and Nannha Bhat were tried before the Sessions Judge of Cawnpore on a charge u/s 302, Indian Penal Code, in respect of the murder of a woman named Musammat Janki Koer and a boy eleven or twelve years of age named Durga. They have been found guilty and sentenced to death. The Sessions Judge has also, u/s 62, Indian Penal Code, passed an order of forfeiture in respect of all the property of the accused Chadammi Lal. The record is before us for confirmation of the sentences of death and the four accused have all appealed. The case has been fully and ably argued on their behalf. The evidence on the record is voluminous and the learned Sessions Judge has written a careful and elaborate judgment. In dealing with the matter, we may consider first of all the antecedent circumstances of the parties concerned and the evidence of motive. Musammat Janki Koer married successively two brothers named Kesho and Manna, who were the sons of one Umrai. This Umrai was the son of one Subba Lal, and the accused Chadammi Lal is a great-grandson of the aforesaid Subba Lal. The evidence on the record shows that Kesho and Man

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