MAUJI Vs. EMPEROR

JUDGEMENT

(1.) Mauji and Sewa, sons of Bhaju, and Bhura alias Mata Din, son of Madari, have been convicted by the learned Sessions Judge of Etawah of murdering Radha Kishun on the morning of 25 May 1935 and sentenced to death. They have appealed from their convictions and the learned Sessions Judge has made a reference for confirmation of the death sentences. Radha Kishun was a resident of village Andawa. The appellants are also residents of the same village. Radha Kishun's son was suffering from small pox and he used in those days to visit a temple named Than of Mahuar Devi which is situated at a distance of one mile from the village habitation. It is abundantly proved that he was murdered at about 9 a. m. near a well which is at a distance of a few yards from the temple. Apparently he took a bath at the well and proceeded to the temple to make an offering of water to the deity. When he returned from the temple to the well and was preparing to go back to his house he was murdered. These particulars were stated in the confession of the accused Sewa which was subsequently retracted.

(2.) The first information report was made by Mihi Lal, son of Baldeo, chaukidar. It was therein stated that Tikola Chamar was proceeding from village Menhdipur to Andawa, and when he passed near the well which lies on the way from Menhdipur to Andawa he noticed the body of Radha Kishun lying face downwards near the well. A number of villagers arrived on the scene probably because a hue and cry was raised by Tikola. The chaukidar, Baldeo, and Tikola remained at the spot and directed Mihi Lal to make the first information report. According to Mihi Lal nobody had witnessed the crime and it was not known by whom Radha Kishun had been murdered. The officer in charge of the Police Station proceeded to the spot and took up the investigation. Suspicion fell on the appellants because Bhaju, the father of the appellants, Mauji and Sewa, had been murdered two years before the present occurrence and certain Kumhars were prosecuted and convicted in connexion therewith. The deceased, Radha Kishun, had also been accused but the police did not prosecute him. The family of the appellants who are Danukh by caste cherished a grievance against Radha Kishun whom they believed to be at the bottom of the murder of Bhaju. The suggestion is that Mauji and Sewa, whose father had been murdered, and Bhura, who is the nephew of Bhaju, conspired to murder Radha Kishun in revenge. It was known to them that Radha Kishun was in the habit of going to the temple every morning, and as the temple is situated at a lonely spot near the ravines which is not frequented by passers by, they considered it to be a suitable occasion of murdering Radha Kishun without being noticed by anyone.

(3.) The appellant, Sewa, was arrested on 28 May 1935 at his residence in village Ritor which is at a considerable distance from village Andawa. The record does not enable us to say precisely the distance between these two villages. We have however referred to the map of the district of Etawah and calculated the distance to be about 9 or 10 miles. Sewa had migrated to village Ritor for certain reasons which it is not material to mention and was living with a relative of his at Ritor. The other two appellants continued to reside in their ancestral house at Andawa. After his arrest Sewa made a statement to the investigating officer who forwarded him to the Sub-divisional Magistrate with the request that his confession be recorded. Sewa was sent to jail on the 29 when he arrived at the headquarters, and he was placed before the Magistrate on 30 May 1935 for his confession being recorded. He made a confession in which he implicated the other two appellants and himself and stated that all three of them had murdered Radha Kishun in revenge for the murder of Bhaju. We shall deal with this confession in detail presently. Soon after the arrest of Sewa his house was searched and a lathi alleged to have bloodstains was taken possession of and sent to the Chemical Examiner.