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1933 Supreme(All) 101

BAJPAI, BENNET
Ram Bharosey – Appellant
Versus
King-Emperor – Respondent


Advocates appeared:
Akhtar Hussain Khan, For the Appellant / Assistant Government Advocate, For the Respondent

JUDGMENT

Bennet and Bajpai, JJ. - This is an appeal by one Ram Bharosey, a Kahar of Farrukhabad district, against a sentence of death u/s 302 I. P. C. and a reference for confirmation of that sentence which was passed by the learned Sessions Judge of Farrukhabad. The accused is charged with taking part in the murder of Agha Ali Khan of mauza Jhabbupur in Kaimganj circle of Farrukhabad district on the night of the l8th/19th of October, 1932. There is no doubt that on that night Agha Ali Khan was killed in the village by a number of shots, about six or seven in number fired at close range. The medical evidence shows that almost all the important organs are injured and that death was caused by numerous fatal gun shot wounds perforating the heart, stomach, liver and intestines. The medical evidence indicates that there were at least six such shots fired at deceased. A report was made at 7 a. m. on the following morning, 19th October at Kaimganj thana by Govind chaukidar of mauza Lodhaiya. This report names the present accused Ram Bharosay and two others Sukhua Kahar and Hansua Brahman as the assailants and states that there were 3 or 4 other persons whose names were not known. The repor

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