AHILA MANAJI Vs. EMPEROR

JUDGEMENT

(1.) In this case we had the Advantage of hearing from Counsel for the accused all that can fairly be said on their behalf, but in the result I am satisfied that this is a clear case of murder. We have had the further assistance of an extremely clear judgment from Mr. Broomfield the Sessions Judge of Ahmednagar, which relieves me from the necessity of setting out in any detail the facts of the case.

(2.) Shortly stated the deceased was a moneylender belonging to the village of Brahmanwadha, and it is alleged by the prosecution that he was murdered by people to whom he had lent money, namely, the accused who were inhabitants of the neighbouring village of Kalamb. The two villages are about a couple of miles distant and the case for the prosecution is that the deceased left his own village one morning to settle up some accounts at Kalamb, that he left Kalamb the same evening, and was murdered on his way home by the accused and one other man called Yesu, an approver in the case; and that the accused afterwards earned the deceased's body to an inaccessible spot and threw it down a precipice.

(3.) The exact fate of the deceased man was not discovered for a long time. Suspicion arose next morning by his horse turning up at his home. Thereupon inquiries were at once made. The Police were communicated with and searches were made without any result for some 11 days. The alleged murder took place on the 15 November and it was on the 26 or 27 that the Police first got any real information as to what had happened. The Sub-Inspector of Police did not even know for certain whether the deceased was dead, and was at a loss to know what had really-happened. However, suspicion had fallen, on accused No. 1, partly because he was in debt to the money-lender and had been in litigation in connection with the debt, and partly because of his suspicious movements. Accordingly the Police questioned him and they proceeded to move their camp to Brahamanwada the other village taking accused No. 1 along with them. It was then that accused No. 1 volunteered to point out certain matters which would show the fate of the deceased.