MANGALSINGH SONELAL Vs. EMPEROR

JUDGEMENT

(1.) MANGAL Singh the appellant before us has been convicted Under Section 302, Penal Code, and sentenced to death by Mr. Adhar Sinha, First Additional Sessions Judge, Jubbulpore, for the murder on 26th September 1946, of one Mulchand Gadari, in Sessions Trial No. 61 of 1946 decided on 15th February 1947. There was another accused by name Rambagas alias Ram-das but he has been acquitted.

(2.) THE prosecution case is that for some time previous to the deceased's murder there had been enmity between him and this prisoner over the partition of a field called gewadaha bandh (also called Bandhwa) situated in Amardar in the Murwara tahsil and belonging to the father of the accused. The deceased, who learned his livelihood partly as a milkman, had set out on the morning of Thursday the 26th September from his house to go to Katni-Murwara where he was supplying milk to Lachhmanprasad (p.W. 23).

(3.) IN fact almost all the property, except two gold ornaments, were found, and since the deceased disappeared about this time it is easy to infer-that the corpse was that of Mulchand. Medical evidence in this case is inconclusive because the doctor could not give any cause of death. The doctor was, however, able to tell us that the bones belonged to an adult male who might be between 30 and 60 of age and this also fits in with the probabilities pointing to the fact that the dead body was that of Mulchand. Though the medical evidence is-not clear as to the cause of the death it is again easy to conclude that Mulchand was killed. The clothes which were near the corpse were sent to the Chemical Examiner and the Imperial Serologist and the Chemical Examiner found on the dhoti (Article A) and bandi (Article B) stains of blood, the stains being 36" and 20" in sizes. The Imperial Serologist said that this blood was of human origin and this puts the matter beyond all reasonable doubt. The deceased was hale and hearty when he set out that morning.