BALBHADDAR SINGH Vs. BADRI SAH

JUDGEMENT

(1.) The appellants and respondents are Iambardars and the principal inhabitants in the village of Mohiuddinpur. The suit arises out of circumstances of a remarkable character, which took place in connection with a crime as to which the complete truth will in all likelihood never be discovered.

(2.) One Sheo Bux, a humble inhabitant of the village, was last seen alive on the evening of September 17, 1919, As he was under police supervision his absence after that data was noticed by the village policeman, but it was supposed that he had gone to some other village.

(3.) On September 20, a little after noon, a party of four persons arrived at the police office, which is situated at a place called Paagawan, about two miles from the village. These were Badri Sah, a lambardar in the village, and one of the respondents, Hazari, a cultivator, his son, Raghunath, aged eighteen, and Bharat, a cultivator. The Sub-Inspector of police was, at the moment, absent, and a policeman was in charge, Raghunath then proceeded to make a confession, which was recorded in the police diary of the day. The confession was to this effect:- The appellants had, some time ago, offered him Rs. 500 if he would do away with Sheo Bux. He had returned an ambiguous answer to the proposal On September 17, his father had gone away from the village. The appellant Bachehu had then said that this was the opportunity desired. Accordingly when nightfall came the two appellants came to his house and despatched Teja, a barber, sixteen years old, to fetch Sheo Bux. They all sat down ; then Balbhaddar fell upon Sheo Bux, put his hand on his mouth, while Bachchu grappled with him. With the assistance of Teja and himself, Raghunath, they carried him into the house. He and Teja held his feet. Balbhaddar sat on his chest and held his mouth and Bachchu, with a knife, cut his throat and he died, A hole was then dug in the floor of the house and the body buried. He applied for his Rs. 5,00, but was told by the appellants he would get that when they took the body away. On September 19, he asked them to take away the body, but they said that they had had no opportunity of doing so. This day, that is, the 20th, his father had returned and he told him the whole story. His father went to Badri Sah, who told him to bring Eaghunath to him where he was sitting along with Bharat Singh,, To them he repeated the story, whereupon they all took him to the police office. After this he was consigned to the lock-up, and the policeman in charge sent a message to the Sub-Inspector. The Sub-Inspector hurried back to the village and sent for Raghunath from the lock-up. He repeated to him the same confession, and on being taken to his house pointed out where the body was buried and where the shoes and garments of the deceased were also buried.