NARAIN RAO JAMDAR Vs. STATE

JUDGEMENT

(1.) This case has come before this Court both on appeal by the accused and under section 374 of the Code of Criminal Procedure for confirmation of the capital sentence passed by the Additional Sessions Judge, Gwalior, on the accused for the offence of murder of one married young Kumhar (Potter) female (Mahila Dhanno) who was fifteen or sixteen years old.

(2.) There is no eye-witness to the actual murder and the case depends entirely on circumstantial evidence. The case commenced in the following way.

(3.) Babu, P. W. 1, brother of the deceased, lodged a report (Ex. P. 7) in police Station Madhogang, Lashkar at 11 p.m. on 4-2-1950 that his sister Dhanno had gone to sell cowdung cakes at about twelve (noon) and had not yet returned home. Search amongst relations had proved to have been of no avail. It was added in the report that she had told her mother that she was going towards Jachakhana (Maternity Ward).