SHYAMA RAJARAM PARDHAN Vs. EMPEROR

JUDGEMENT

(1.) The appellant, Shyama was convicted and sentenced to death under Section 302 and to undergo 5 years rigorous imprisonment under Section 392, Indian Penal Code, by the Additional Sessions Judge, Wardha, who convicted and sentenced his co-appellant Mt. Sita to undergo 9 months rigorous imprisonment under 8.411, ibid. With this appeal will be considered the reference made under Section 374, Criminal P, 0., for the confirmation of the death sentenoe passed on Shyama.

(2.) The prosecution case was, briefly stated, as follows. The deceased Mt. Mahagi, who lived at Madni with her grandson Balkrishna (p, w. 23), worked as a day labourer and used to collect head-loads of firewood from the village waste along the sides of the nala which passes between Madni and Amgaon where the appellants, who were also labourers, resided. She used to wear the silver sari (Art. c) and coarse silver patlyas (Art. d) and was wearing them on 10th February 1948 when the appellant Shyama called her to the village waste to carry firewood from there.

(3.) She was not seen alive again and when attempts to find her proved infructuous, the hot- war Rameshwar (p. w. 4) made the report, Ex. p-l, at the Eharangana police station on 12th February 1948 to Prabhudayal, (p. w. 13), Head Constable, who deputed Altaf Hussain (p. W. 12), Head Constable, to make enquiries in the matter. His efforts as well as those, of Prabhudayal on 18 and 14 February 1948 were infructaous; and Kewalkrishna Sharma (p. w. 27), Sub-Ins-peotor, who had previously been ill, assumed charge of the investigation on the evening of 16 February 1948 at Madni.