EMPEROR Vs. MARUTI SANTU MORE

JUDGEMENT

(1.) In this case two persons were charged in connection with the murder of a Forest-guard named Aba Gudhan, accused No. 1, with the murder under Section 302, Indian Penal Code, and accused No. 2 with the abetment thereof under Sections 302, and 114, Indian Penal Code and with causing the evidence of murder tO disappear under Section 201, Indian Penal Code. They were tried by the Additional Sessions Judge of Satara with the aid of assessors. The assessors were of opinion that accused No. 1 was guilty of murder and that accused No. 2 was not guilty of the abetment thereof; but they were divided in opinion as to the guilt of accused No. 2 on the charge under Section 201, Indian Penal Code. The learned Judge found that the charge against accused No. 1 was not established, and accordingly acquitted him. He also found that the charge of the abetment of murder against accused No. 2 was not proved and acquitted him of that charge; he found him guilty under Section 201 and sentenced him to rigorous imprisonment for four years.

(2.) The Government of Bombay have appealed against the acquittal of accused No. 1 and we are now concerned with his case only.

(3.) It is not necessary to set forth the prosecution case in detail. The general outlines of the story have been stated in the second paragraph of the judgment of the lower Court at page 51 of the print which I adopt for the purpose of this judgment.