(1.) This is a reference for the confirmation of the sentence of death passed on one Sheo Shanker Singh, otherwise known as Sheo Das or Sheo Shanker Das, aged about 25 years, for the murder of one Baba Ramdas Mahant in the night of 18-8-1946 or In the early hours of 19-8-1946 at village Naokothi.
(2.) The condemned man has sent a petition of appeal from the Central Jail, Bhagalpur, where he is detained at present, and another appeal has been filed on his behalf by Mr. Pitambar Mishra Advocate. The appeals and the reference have been heard together.
(3.) The appellant, according to the prosecution, was living in the temple attached to the math as a chela of the late mahant and was seen with the mahant even in the evening of 18-8-1946. One Nokhe Dhanuk was menial servant of the mahant and also a choukidar of the math. As usual, he had left the thakurbari in the evening of 18-8-1946 after having finished his daily work, and after his departure, the only two persons left in the math were this appellant and the deceased mahanth.