EMPEROR Vs. GIRDHARI TELI

JUDGEMENT

(1.) This is a reference under Section 374, Criminal P.C., made by the Judicial Commissioner of Chota Nagpur for confirmation of a death sentence passed upon Girdhari Teli. The latter has also appealed against his conviction and sentence, and it will be convenient to dispose of both the reference and the appeal in this judgment. Girdhari Teli, together with his three sons, Chowa Teli, Bandhu Teli and Behari Teli, were tried by the learned Judicial Commissioner of Chota Nagpur assisted by three assessors upon a charge of murdering one Kali Teli on 19th August 1939, in the village of Marudih.

(2.) Two of the assessors were of opinion that Girdhari was guilty of murder, whereas the third assessor was of opinion that Girdhari had killed Kali but he did not think that Girdhari had any intention to kill. Two assessors were of opinion that Bandhu and Chowa had joined in the assault on Kali but could not say whether they intended to kill Kali or not. These two assessors were not satisfied that Behari took any part in the assault and would give him the benefit of the doubt. The third assessor was not satisfied that either Chowa or Behari was present at the assault and would give Bandhu the benefit of the doubt as he himself was beaten. The learned Judicial Commissioner was of opinion that there was some doubt in the cases of Bandhu, Chowa and Behari, and accordingly he acquitted them upon the charge of murder. He was, however, satisfied that the charge against Girdhari had been established beyond all reasonable doubt, and he therefore convicted him of murder, and as he could find no extenuating circumstances whatsoever he sentenced Girdhari to death.

(3.) Girdhari and the deceased man, Kali, belonged to the same family, Girdhari being the son of one Mahor Teli, whereas Kali was the son of Anup, a brother of Mohar Teli. The family of Girdhari had separated from that of Kali Teli, and it was the case for the prosecution that considerable ill feeling had arisen by reason of the fact that Girdhari had obtained possession of more than his fair share of the family property. It is the, case for the prosecution that a panchayati had been called by both Girdhari and Kali and that the panches had made an award and had actually divided some of the family property. Unfortunately however some property still remained to be divided, and it was a portion of this property that gave rise to the dispute which caused the death of Kali.