STATE GOVERNMENT MADHYA PRADESH Vs. RAMKRISHNA GANPATRAO LIMSEY

JUDGEMENT

(1.) This appeal by special leave is directed against an acquittal order of the High Court of Nagpur in Criminal Appeals Nos. 121, 122 and 123 of 1950, preferred to that Court by the three respondents. Respt. 1, R. G. Limsey, is an advocate of the High Court of Nagpur, respt. 2, Kisanrao is related to Limsey in that his cousin is married to Limsey, and respt. 3 Shaligram is his friend and cilent. All the three respondents were tried for murder of one Dattu Patel and were charged in these terms: "That you on or about the 8th day of October 1949 at Nagpur did commit murder by intentionally causing the death of Dattu Patel and thereby committed an offence punishable under S. 302 read with S. 34, I.P.C. and within the cognizance of the Court of Session." They were convicted by the Sessions Judge, Limsey was sentenced to death, and Kishanrao and Shaligram were sentenced to transportation for life. All of them appealed to the High Court and were acquitted. A petition for enhancement of sentence of Kishanrao and Shaligram preferred by the State was dismissed.

(2.) The deceased, Dattu Patel was a resident of Taroda, district Wardha and at the time of the incident he was residing in the house of Virendra Malviya, P. W. 27, at Ganjapeth, Nagpur. It is alleged that he was a friend of Limsey and used to visit him from time to time and consult him regarding his domestic troubles, that he and a few others were in the habit of smoking ganja and drinking liquor at the house of Limsey and that for some time prior to the date of the occurrence relations between him and Limsey had become very strained. Dattu had complained to Virendra Malviya that Limsey had swallowed thousands of rupees from him and that he was an associate of thieves and gets thefts committed by others and shares the booty with them. Limsey in his turn had accused Dattu of defaming him and had threatened that if Dattu did not stop his defamotory propaganda he may go to the length of killing him. On 8-10-1949 Limsey wrote to Dattu to come and meet him that day. The letter is in these terms:

(3.) Limsey, when called upon to enter his defence, stated.