INDER DEO Vs. STATE

JUDGEMENT

(1.) This is an appeal by Inder Deo and Sheodas alias Phakkar against their convictions under Section 302/34 and Section 201/34 of the Indian Penal Code. Both the appellants have been sentenced to death for their conviction under Section 302/34 I.P.C. and to four years' rigorous imprisonment for their latter conviction. Along with the appeal there is the usual reference by the learned Judge for the confirmation of the sentences of death.

(2.) The facts giving rise to this appeal may be briefly stated thus: Sometime on the night between the 26th and the 27th of August, 1957, one Kali Prasad war, alleged to have been murdered by the two appellants and his body was alleged to have been thrown in the Pandhar of a well near the Mastwani Pokhra. According to the prosecution case, the motive for the crime was that Kali Prasad had, some two and a half or three years earlier, eloped with the widowed sister, Srimati Dulari, of Sheodas alias Phakkar (we shall henceforward refer to him as Phakkar). It further appears that Srimati Dulari was originally married to one Dasrath who was an employee of the Railway and while in such employment died at Calcutta. He had to his account a sum of Rs. 2,800/- in the Provident Fund. This amount was, after Dasrath's death, paid to his widow, Dulari. Dulari at. that time was staying with her brother Phakkar and, therefore, Phakkar got Dulari to put in half of this amount, namely, Rs. 1,400/- in her own name and the balance Rs. 1,400/- in the name of her minor son Ram Nain in the Post Office Savings Bank Account. The elopement of Dulari took place subsequent to this opening of the two Savings Bank Accounts. Phakkar feared that now that Dulari had eloped with Kali Prasad she might under Kali Pra-sad's influence take out the money which stood in her name in the Post Office Savings Bank to the detriment of the minor Ram Nain, who according to the view of Phakkar, was entitled to the entire money. A civil suit was filed on the 1st of October, 1955, on behalf of Rarn Nain by Phakkar restraining Dulari from withdrawing the sum of money that stood in her name in the Post Office Savings Bank. This suit was compromised on the 25th of July, 1957, and the compromise that v/as effected was to the effect that Dulari was to get a sum of Rs. 400/- out of Rs. 1,400/- and the balance, Rs. 1,000/-, was to be put in the name of Rant Nain minor, and that he was to get this money on his attaining majority. According to the prosecution case, Phakkar greatly resented the elopement of his sister with Kali Prasad, who was his brother-in-law, namely, Sala. The attempts of Kali Prasad and Dulari to get the money out of the Savings Bank further appear to have incensed Phakkar. Therefore, it was suggested on the prosecution case that Phakkar decided to put an end to Kali Prasad. Towards this end Phaklcar is alleged to have gone to Kali Prasad, who lived in village Chirkihit, and asked him to come along to village Kerakat where the Post Office Savings Bank Accounts stood in order that the money could be taken out from Dulari's account and Rs. 400/- paid to her and the balance put in the minor's account. Kali Prasad is therefore alleged to have left his village Chirkihit and thereafter Kali Prasad's dead body was discovered on the morning of the 27th of August, 1957. The alleged visit of Phakkar to village Chirkihit appears to have been made on the 23rd or 24th August 1957, although there is no witness who has specifically given these dates. The dead body of Kali Prasad way, as we have said, discovered on the morning ot the 27th of August, 1957, in the Paudar of a well near Mastwani Pokhra by Raja. Ram Pradhan when he went to ease there. The body was identified as the body of Kali Prasarl. Three; other persons, namely, Sadho, Sab-deo and Narotam, also recognised the body as that of Kali Prasad. According to the prosecution case, Raja Ram went to Phakkar's house) to convey this information but he found nobody there. So Raja Ram sent a report to the police station through the village Chowkidar.

(3.) This first information report was recorded at police station Chandwak at 6-30 on the morning" of the 27th of August, 1957.