RAMPRASHAD MAKUNDRAM RAJPUT Vs. CROWN

JUDGEMENT

(1.) Ramprasad Rajput of Tillage Chhidgaon in Harda tahsil has been convicted by the Additional Sessions Judge, Hosbangabad, under Section 302, Indian Penal Code, of the murder of a woman Mt. Rewa and has been sentenced to death. There was also a charge of robbery against him under 6, 892, Indian Penal Code, in respect of Mt. Bewa's ornaments for which offence also he has been convicted and sentenced to four years rigorous imprisonment. He baa appealed from his convictions and there is also a reference before us for confirmation of the sentence of death.

(2.) Mt. Rewa was the wife of one Laxman who is an adopted son of Mt. Punia (p. W, 5) of village Chhidgaon. They all lived in the house of Mt. Punia. The accused Ramprasad was in the service of the family as an agricultural servant some years ago and during that time criminal intimacy developed between the accused and Mt. Rewa. According to the evidence of M6. Punia, Mt. Rewa due to this intimacy favoured the accused and used to give him grain and money from the house stealthily. When these things came to notice, the accused was dismissed from service. He however continued the intrigue and occasionally visited the house to meet Mt. Rewa and she continued the practice of giving doles to the accused.

(3.) On 4 September 1947 Mt. Rewa left the house at about 10 A. M. to go to the family field for weeding. When she did riot return by the evening, inquiries were started. She sometimes used to go away to her mother's house at Harda and it was thought that she may have gone away to Harda. Laxman was not in the village he having gone to Harda two days previously. That day in the morning before "Mt. Rewa left for the field, the accused had called at the house and had sat with her and talked with her. Mt. Punia therefore thought that the accused might have some information of Mt. Rewa's design if she had decided to go away to Harda. She accordingly went in the night to the accused to inquire from him if he knew anything about Rewa's whereabouts. The accused replied that he did not know and when Mt. Punia proposed t that he should go with her servant to Harda in search of Mt. Rewa, the accused declined to accompany the servant also on the pretext that his lantern was out of order. Mt. Punia sent her servant Hari to Harda. Mt. Rewa was not of course found at Harda, and the servant returned with Laxman from Harda on 6 September 1947.