STATE Vs. CHHOTELAL GANGADIN GADARIYA

JUDGEMENT

(1.) THE non-applicant accused Chhotelal was convicted of murder of his wife and child by the Sessions Judge, Nimar, and sentenced to death. The case has been referred to us for confirmation of that sentence under Section 374 of the Code of criminal Procedure. The accused has declined to appeal.

(2.) THE learned counsel for the accused Chhotelal did not dispute the factual responsibility of the accused for the homicide of his wife Mst. Pyaribai and his daughter Narbadi, committed on the night of 9-12-1956 at mauza Sirra. Indeed, the evidence on the point is overwhelming and the accused himself admitted it, by pleading guilty to the charge at the commencement of the Sessions Trial. The only point pressed before us that in the circumstances proved, the plea of insanity raised by the counsel for the accused in the Court of Session had been established.

(3.) THE facts of the case shortly stated are as follows: The accused was a workman in the railway gang No. 98 working at mauza Sirra. He lived in one of the railway quarters along with his wife and child. These quarters are near Sirra railway crossing. Sunday, the 9th December, was his weekly day off and therefore he had not gone for work that day. He was due to join duty on the 10th morning but he did not go to work that morning. Paridin (P. W. 7) is the mate of the gang. He was sitting in the railway crossing chauki at noon of the 10th when the accused passed by. He was coming from the side of the Sirra railway Station. According to Paridin (P. W. 7),