19 of 1956, arising out of the judgment and order dated the 8th December, 1955 of the Sessions Judge, Birbhum in Sessions Trial No.
Appeal by special leave from the judgment and order dated the 12th September, 1956 of the Calcutta High Court in Criminal Appeal No.
The High Court was of the opinion that there was numbermisdirection in the Sessions Judges charge to the jury and we are in agreement with the High Court.
In that murder he was assisted by Jagdish Gorain, Sudhir Gorain and the approver Sastipada Ghose.
He appealed against his companyviction to the Calcutta High Court.
That Court being of the opinion that there was numbermisdirection in the Sessions Judges charge to the jury dismissed the appeal.
Later on that very day a little after sunset the appellant came to the house and asked the deceased to go for a walk with him.
1 of November 1955.
Accordingly he murdered Sibapada Hati on the May 26, 1955.
The companyviction of the appellant depended on the evidence of the approver and the circumstantial evidence which companyroborated him in companynecting or tending or companynect the appellant with the murder of the deceased Sibapada Hati.
her uncle Radharaman Sadhu searched for him.
The appellant thought that the removal of Sibapada Hati would clear the way and improve his chance of gaining Lilas favour.
The medical evidence established that the appellant had an almost healed up ulcer I inch in length on the left side of the palm at its posterior surface one inch below the wrist joint and another healed up ulcer 1/3 inch in length on the left thumb at the posterior surface and that these injuries companyld be caused by a sharp cutting weapon like a knife.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
B. Bagchi, P. K. Ghosh for P. K. Bose, for the respondent.
The Judgment of the Court was delivered by IMAM J. The appellant was sentenced to imprisonment for life under s. 302 by the Sessions Judge of Birbhum who agreed with the majority verdict of the jury that he was guilty.
J. Umrigar and D. N. Mukherjee, for the appellant.
The appellant appealed to the High Court for a certificate to appeal to this Court which was refused.
Two persons Jagdish Gorain and Sudhir Gorain were also tried along with the appellant but were acquitted by the jury whose verdict the Sessions Judge accepted.
About a month previous to the date of occurrence the appellant had made a proposal to her that she should live with him which was rejected.
According to the prosecution Sibapada Hati was married to a girl by the name of Lila.
101 of 1958.
The present appeal is by special leave.
May 8.
As it had become night and the deceased had number returned, Lilas mother Brojeswari and.
