SUDAMA SHEOBA Vs. KING EMPEROR

JUDGEMENT

(1.) THE appellant Sudama son of Sheoba has been convicted Under Section 302, Penal Code, of the murder of one Sk. Budhan of Nagardas and sentenced to death. He has also been convicted Under Section 392 read with S. 34, Penal Code and sentenced to rigorous imprisonment for four years. With his appeal will also be considered a reference Under Section 374, Criminal P. C. , for the confirmation of the sentence of death imposed on him.

(2.) THE appellant Sudama was tried along with two others, Kisan Kanhuji and Sakharam Sonaji, who were acquitted. The prosecution ease is that on 20th October 1947 the three ac cussed assaulted Sk. Budban when he was work-ing in his field at Nagardas and inflicted a deep wound on his neck which severed the windpipe and the underlying tissues. Sk. Budban died of this wound in the hospital after an illness of about a week.

(3.) THE conviction against the appellant rests cipon the dying declarations of Sk. Budhan and the confession of the accused made before Shri G. E, Verma, Magistrate, First Class, Basim. In appeal the learned Counsel for the appellant argues that the dying declarations are both inadmissible and incredible and that the confession of the accused was retraoted by him and is neither voluntary nor true. He argues that if these two pieces of evidence were discarded there is no evidence against the accused.