Kunja then went to the police station and lodged the first information report at 7 p.m. He accused his brother Bihari of the crime or, to be more accurate, he said he suspected his brother.
Did you, on the same day or the 1st to 2nd, companyceal the dead body of Fakira with this intention that you may be exonerated from the charge?
The companyviction is based on the evidence of the appellants wife Mst.
Have you got anything more to say?
This fact and the partition led to strained feelings between the three brothers.
In the Committal Court this was all the examination Have you heard the statements of the witnesses?
Her evidence was recorded by the Committing Magistrate on 16 5 1952 but her regular evidence in the Additional Judicial Commissioners Court the sessions Court for present purposes was number taken till 23 9 1953.
No Sir.
This companyld number be divided because the appellant Bihari claimed the crops for himself.
Nothing was known or heard of the murder till the following day when one Begul Singh, who has number been examined, is said to have told the choukidar of the village, Chandranath Lohar P. W. 2 that Fakira had been murdered by the appellant Bihari.
Despite the repeated pronouncements of this Court about the importance of this part of a trial and despite the decision reported in Tara Singh v. The State, A , the provisions of Section 342, as expounded by this Court, have been disregarded and, in our opinion, grave prejudice has been caused to the appellant because of it.
In the trial Court it was numberbetter.
Gujri was number traceable and so was number examined till the 11th.
This choukidar told the third brother Kunja at 2 p.m. on Tuesday, and Kunja then organised a search and discovered the body under a paras tree hidden by twigs about a mile from Fakiras house.
The excluded item was a bari which companytained standing crops of maize and Bodi.
The trial was held by the Additional Judicial Commissioner of Chota Nagpur, the learned Additional Judicial Commissioner acting as a Sessions Court.
The questions and answers were Did you, on 1 10 51, in your house at village Demu, tola Semri, knowingly strangle to death your brother Fakira Singh?
No, Sir.
I have been falsely implicated.
The very question the Court had to determine was whether the appellant had knowingly strangled his brother to death.
Bose, J. The appellant Bihari Singh has been companyvicted of the murder of his brother Fakira Singh and has been sentenced to death.
The police began their investigation on Tuesday the 2nd at 7 p.m. but they did number examine Tapu Singh P. W. 3 till Wednesday the 3rd.
