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1934 Supreme(All) 321

Bhagwan Das – Appellant
Versus
Emperor – Respondent


JUDGMENT

1. The seven appellants have been convicted by the learned Sessions Judge of Budaun of an offence u/s 302, Penal Code, and Bhagwan Das has been sentenced to death and the other six appellants to transportation for life. They have also been convicted of offences under Sections 147, 325 and 323, Penal Code, and sentenced to rigorous imprisonment for two years and one year, respectively, under those sections. They have all appealed against their convictions and sentences, and the record has been forwarded by the Sessions Judge for confirmation of the sentence of death passed on Bhagwan Das. The incident in the course of which Chhote Lal was killed on 26th May 1934, has been described by the witnesses as follows : Chet Ram, in the course of executing a decree against Kallu, his judgment-debtor, attached a house, and Mullu filed an objection to this attachment which was to have been heard in the Court of the Munsif of Budaun on 26th May. On that date the decree-holder, Chet Ram, Chhote Lal, the deceased, Ram Chander and Kallu Ahir with a Civil Court peon. Gulzari, and the Patwari, Ram Chander, were going from their village to Court. All of them were seated in a bullock cart, exc

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