KRUSHNA ALIAS KHATU PADHAN Vs. STATE

JUDGEMENT

(1.) THIS appeal was heard on 24th and 25th of September, 1958. At the dose of the hearing, we were convinced that the prosecution failed to prove the guilt of the Appellant. We therefore ordered that the conviction and sentence should be set aside and the Appellant acquitted of the offences under Sections 302 and 309 of the Indian Penal Code and directed that he be set at liberty forthwith observing that the reasons would follow. The reasons are given below.

(2.) THE Appellant Krushna Padhan of Muktapur was convicted by Shri R.C. Misra, Sessions Judge, Mayurbhanj, of the offences of murder and attempt to commit suicide punishable under Sections 302 and 309 respectively of the Indian Penal Code and Was sentenced to undergo rigorous imprisonment for life under Section 302 I.P.C. No separate sentence was passed under Section 309, I.P.C. I must observe that the learned Sessions Judge committed an error in not passing a separate sentence under Section 309, I.P.C. He should have known that there is a possibility in appeal of the conviction under Section 302, I.P.C. being set aside and that under Section 309, I.P.C. maintained. I observed in some cases that it is the bounden duty of the Sessions Judges to pass sentences on all the sections under which the accused is convicted. But inspite of the observations it is regrettable that the Sessions Judges do not care to follow the directions made in the judgments of this Court.

(3.) THE Appellant pleaded not guilty and stated before the committing Magistrate as well as before the Sessions Judge that he loved the deceased Benga who readily responded to his overtures and wanted to marry her; that her mother stoutly opposed the idea and so he sought to elope with Benga; that at her desire be bad come to Kantipal; that they devised a plan that Benga should go with a Lota in the guise of going to answer calls of nature and he should be waiting for her under a Kusum tree from which they would flee away unnoticed; that at the place of occurrence white they were devising further plans to escape, Sudam and Sham, two brothers of the deceased, overheard their conversation and Sudam pelted a stone at him that struck him on the head, in consequence of which he fell down senseless and could not know what followed next.