SANWAT KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants, Sanwat Khan and Kaloo Khan, were convicted by the Sessions Judge of Nagpur for an offence under S. 302, I.P.C. for the murder of one Mahant Ganeshdas and his servant Ganpatia and were sentenced to death. They appealed to the High Court of Judicature for Rajasthan at Jodhpur and their case also came up for confirmation of the sentence under S. 374, Cr. P. C., before that Court.

(2.) Shortly stated, the facts of the case are that Mahant Ganeshdas who was a wealthy person used to live in the temple of Shri Gopalji situated on a hillock near Panchota about a mile and a half from the village. Ganpatia Daroga used to live with him at the temple. On the morning of 1-1-1948 it was discovered that both of them were lying dead in the temple. Death took place on account of the injuries caused to them by means of an axe.

(3.) As a result of the investigation by the police the appellant Kaloo Khan was arrested on 13-1-1948 and on the same day he produced a gold kanthi (Ex. P-13/A) from his bara where it was lying buried in the ground. Sanwat Khan, appellant, was arrested on 18-1-1948 and on the 19th he produced a silver plate (tashak) bearing a certain inscription from his house where it lay buried in the ground.