RANCHHOD AND ANOTHER Vs. THE STATE

JUDGEMENT

(1.) THE appellant Ranchhod and Pooran Singh along with Jimipal, Phool Singh and Raghunath were placed on their trial before a Special Court constituted under S. 12, Madhya Bharat Public Security Act, 1953, under Ss. 302 and 201 read with S. 34, I.P.C. for the murder of one Subalal. The Special Court was presided over by Mr. S.M. Pagnis, the Sessions Judge of Bhind.

(2.) THE case for the prosecution briefly is that Subalal, a resident of village Katha was a man of some means and carried on money -lending business. Subalal was unmarried. His nephew the appellant Ranchhod and his brothers Beejayin P.W. 10 and Lalta used to live with him and were his heirs. Subalal was displeased with Ranchhod on account of his gambling and drinking habits, and profligacy and had for that reason turned Ranchhod out of the house on several occasions and had also taken him back in the house on the persuasion of his friends.

(3.) THE fact that Subalal was strangulated to death on the night of 1 -6 -1954 is amply established and is not in dispute. At the trial the prosecution sought to prove the guilt of the accused persons by the evidence of (1) Devlal P.W. 2 who deposed to having seen the occurrence; (2) by the evidence of the recovery of the body of Subalal from a well and his keys from Pooran Singh's house on information given by Pooran Singh; (3) by the statements of Brindawan P.W. 8 and Beejayin P.W. 10 who stated that Subalal was not satisfied with the conduct and behaviour of Ranchhod and had turned him out of the house and that Subalal's relations with Pooran Singh had become strained; (4) and by the evidence of Some P.W. 9 who gave the evidence that he had seen Pooran Singh and Ranchhod together in the evening some hours before the occurrence.