EMPEROR Vs. CHINTAMONI SHAHU

JUDGEMENT

(1.) This is a reference under Section 307, Criminal P.C., by the Additional Sessions Judge of Hooghly in a case where the accused was acquitted by the unanimous verdict of the jury upon charges under Section 302 and Section 392 read with Section 397, I.P.C., in connexion with the death of Gyanodamoyee Dassi.

(2.) According to the evidence for the prosecution one Kali Charan Ghose had a house at Moheshpur where he resided along with his mother Gyanodamoyee, the deceased, and the accused Chintamani who was their servant. The house consisted of two rooms and verandah; in one room Kali used, to sleep, in the other his mother. There was also a corrugated iron cowshed, in part of which the accused used to sleep and a thatched cowshed and cookshed. On 24 April 1929, Kali with a neighbour Dulal Ghose went to the house of one Sarat Ghose in another village for a marriage ceremony and stayed the night, leaving his mother and the accused at home. On the following day Kali went to his father-in-law's house whither his wife had gone for her confinement, and stayed there for that night. On the morning of 26 he returned home and after making enquiries and finding the verandah doors locked, he sent a lad Amulya to obtain entrance to the verandah from the stairs leading to the roof. The dead body of Gyanodamoyee was then found in the verandah with most terrible injuries on her head and body, and blood stained katari near by.

(3.) The drain from the verandah had been blocked up by clothes from inside, and there were some cow dung cakes outside. The accused was not forthcoming, and certain properties were found to be missing. The chaukidar Rasu Keora was sent for and despatched to the thana 10 miles away with the first information which was recorded at 7 p.m., and would have been recorded earlier but for the fact that the Sub-Inspector in charge was not available at the time. The first information included statement that the deceased had a gold necklace on her neck, and a silver chain on her waist, which the thief had taken away, and it was also stated that the perpetrator was the Ooriya servant. On 27 about 3 a.m. the Sub-Inspector went to the scene of occurrence and among other things obtained a list of the missing articles, which besides cash and certain dhoties were described as "Bichha har (necklace) of sovereign gold weighing 2 1/2 tolas" value Rs. 50, and "Bichha waist chain of silver weighing 5 totals Rs. 2/8." On 28 April, a telegram was sent by the Polba police to the police at Cuttack in the following terms: Daroga Manga Cuttack arrest murderer for gain Chintamoni Sahu son of Nitai, Moyra village Tulsipur search his house stolen properties gold ghasa har silver gote churipar cloths cash Rs. 250 letter follows.