STATE Vs. DHANPAT MAHATO

JUDGEMENT

(1.) The Appellants and one Rambharasa Bhagat were tried upon a charge of murder under Section 302 read with Section 34 of the Indian Penal Code by a learned Additional Sessions Judge sitting with a jury. The jury returned a unanimous verdict of not guilty against the said Rambharasa Bhagat but returned a unanimous verdict of guilty under Section 302 read with Section 34 of the Indian Penal Code against the Appellants. The learned Judge accepted the said verdicts, acquitted Rambharasa Bhagat and convicted the Appellants of the relative offence and passed sentence of death on each of the Appellants.

(2.) In view of the order we propose to make, it is not necessary to deal with the facts of this case in any detail. The prosecution case was that at about 9-30 p.m. on October 24, 1958, an unknown person was murdered by the Appellants in furtherance of the common intention of all. The defence of each of the Appellants was that he was in no way concerned with the crime.

(3.) After some 19 witnesses for the prosecution had been examined and cross-examined and then discharged, the learned court on November 13, 1959, made an order for a local inspection by the jury, presumably under Section 293 of the Code of Criminal Procedure. The order was in these terms: