DURJAN Vs. EMPEROR

JUDGEMENT

(1.) Durjan the appellant in this case, along with two others, all sweepers, were charged under Section 302, I.P.C., with murdering one Khilla before the Sessions Judge of Cawnpore. Manian and Lallu were acquitted, but Durjan was convicted and sentenced to death.

(2.) We are not satisfied with the evidence in this case against the appellant. On 28 January of this year a dead body was discovered near village Baragaon. The dead body had wounds upon it and clearly there had been a murder committed. Part of the face of the corpse had been burnt. It is alleged that the dead body was that of Khilla who was missing from the village.

(3.) We are not satisfied in the first place that this corpse was that of Khilla. No proceedings were taken for nearly two months after the discovery of the corpse, A photograph had been taken, however, of the corpse. The wife of Khilla was quite unable to identify the photograph as that of her husband. We have carefully examined this photograph and we are certainly of the opinion that if the corpse had been that of Khilla, the wife ought to have been able to identify the photograph of her husband's body.