Shortly before midnight the appellant and Gurubachan engaged the services of a rickshaw companylie Shambhu alias Sannatrao, P.W. 14.
They took him to the chowkidars hut, recovered the bundle of bedding and went in the rickshaw to a well which appears from the map, Exhibit 1 18A, to be about half a mile distant.
Three other persons were tried along with him.
Guruba chansingh companyfessed and was companyvicted.
Appeal by special leave from the Judgment and Order dated the 8th June 1951 of the High Court of Judica ture at Nagpur Hemeon and Rao JJ.
297 of 1950, arising out of the Judgment and Order dated the 11 th September 1950 of the Court of the Additional Sessions Judge of Bhandara in Sessions Trial No.
The boy Ramesh was there in the morning and from there was enticed to the house of the appellants brother Gurudayalsingh and was done to death in a shockingly revolt ing fashion by the appellant, with the active assistance of Gurubachansingh, in the middle of the day at about 12 or 12 30.
hat in brief is the prosecution ease.
This embittered the appellant who on at least two occasions was heard to express a determination to be revenged.
They were his brother Gurudayal singh, his nephew Pritipalsingh son of Gurudayal , a boy of eleven, and one Gurubachan singh.
The High Court has relied on the evidence of Sannatrao P.W. 14 , Gokulprasad the Station Officer P.W. 44 and Tiwari P.W. 48 .
In pursuance of this determination he got into touch with the companyfessing accused Gurubachan singh and enlisted his services for murdering the boy Ramesh.
The map, Exhibit P 18A, shows that the distance along the route indicated was about half a mile to three quarters of a mile.
On the 1st of July, 1949, Tiwari found the appellant and Harbilas W. 31 getting rice polished at a certain rice mill.
It was left there till about midnight.
The orders were companymunicated on the 17th of November.
The body was then tied up in a gunny bag and rolled up in a roll of bedding and allowed to lie in Gurudayals house till about 7 p.m. At 7 p.m. the body wrapped as above was carried by Gurubachan on his head to a chowkidars hut near the Sikh Gurudwara.
53 of 1951.
559 at 588.
He suspended the appellant and later his services were terminated by an order of the State Government with effect from the 7th of July.
The prosecution case is this.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Tiwari accordingly reported the matter to the Deputy Commissioner of Bhandara.
At that date the polishing of rice was prohibited by a State law.
Bakshi Tek Chand, Gopal Singh, with him for the appellant.
25 of 1950.
He was granted special leave to appeal.
He has number appealed here.
The evidence to prove that he left it between these hours companysists of three persons P.W. 30 Atmaram, P.W. 35 Tilakchand and P.W. 5 Bisan.
The Judgment of the Court was delivered by BOSE J. The appellant Kashmira Singh has been companyvicted of the murder of one Ramesh, a small boy aged five, and has been sentenced to death.
The deceased Ramesh was the son of P.W. 48 L.P. Tiwari who was the Food Officer at Gondia at the relevant date.
March 4.
He was also sentenced to death.
The appellant accompanied him.
75 at 77.
in Criminal Appeal No.
On the 26th of December, 1949, festivities and religious ceremonies were in progress all day in the Sikh Gurudwara at Gondia.
K. Kapoor, for the respondent.
The appellant Kashmira Singh was an Assistant Food Procurement Inspector there.
Gurudayal and pritipal have been acquitted.
There the body was thrown into the well.
