QUEEN Vs. RAMTAHAL KAHAR

JUDGEMENT

(1.) The prisoner has been convicted by the Judge of Gya of the murder of one Bahuri Tewari, and sentenced to transportation for life. While passing this sentence, the Judge suggested that the papers-should be sent to the Lieutenant-Governor of Bengal, in order that the sentence might be reduced if his Honor should think fit to exercise the powers of mitigating the sentence, under section 54 of the Criminal Code of Procedure. On a perusal of the abstract statement of the cases tried before the Sessions Judge, we sent for the record under section 403.

(2.) The facts are shortly as follows:--

(3.) Bahuri represented that he must perform certain incantations for which the presence of a young woman was necessary. The wife of Durgaprasad assisted by two female servants, and her brother, Narayan Sing. forcibly took the prisoner's wife, Chunya, to Bahuri to do some Puja. They fastened the door and went away, leaving her with Bahuri. This was on Wednesday night. On the following day she complained to her husband, the prisoner. The prisoner says that she told him she had been ravished by Bahuri, and that she would not survive the disgrace. Chunya in her evidence says that she did not tell her husband that she had been ravished on Wednesday night, but that she told him all that had occurred, which was that after she had been left with Bahuri, he told her to prepare a Chula in the corner to light a fire and place incense on it; that there was then a noise at the door; that Bahuri asked if there was any one outside, and then let her go.