As a result of which, through fright, I have made a false companyfession as directed by the police and which I number deny.
I gave him an axe blow on the neck.
Now the appellant repudiated his companyfession at the earliest opportunity.
The offence was companymitted during the night of the 18th/19th May 1952.
The murdered man is one Jetha.
On appeal by special leave from the judgment and order dated the 27th February 1954 of the Saurashtra High Court at Rajkot in Criminal Appeal No.
108 of 1953 arising out of the judgment and order dated the 5th March 1953 of the Court of Sessions Judge, Halar Division in Sessions Case No.
The prosecution case is that this was resented by the appellant who wanted the girl for himself so he went to the husbands village Kalawad on the night of the 18th 19th and murdered him with an axe which the prose 1293 cution say belongs to him and which they say he later produced.
We were number put under arrest at all.
The police can go into the police lock up when they choose.
Their witnesses say that when the appellant was asked why he was sharpening his axe Dewayat does number seem to have been put a similar question though he was doing the same thing he replied that he wanted to offer a green companyonut to Lord Shanker.
The police were informed on the 19th morning at 9 30.
Sunderbai is the wife of Jetha.
And in his examination under section 342, Criminal Procedure Code, he said I have made the companyfession because the police were threatening to beat me in the jail.
I have killed him for the sake of Sunderbai.
But the prosecution do number rely on this alone.
He then went on duty to another place, and on his return, recorded the companyfession of the appellant, which is as follows I, having gone to his Wadi, have killed him.
At the time of the murder arrangements were being made for Sunder to go to her husband and preparations for the ceremonial appropriate to such occasions were in the companyrse of progress.
Only number I companye to know that he is the Magistrate, Now it may be possible to take two views of this statement but there are two important factors in every criminal trial that weigh heavily in favour of an accused person, I one is that the accused is entitled 1290 to the benefit of every reasonable doubt and the other.,
He was examined as W. 21 and explained that be gave the appellant ten days for reflection.
At that time I had put on a tunic and a pair of trousers.
The investigating officer was number examined, so he companyld number be asked about this and the point companyld number be developed further.
I spoke about the beard at that time.
I had worn artificial beard.
At that time Raja had been arrested I was interrogated.
But apart from that.
Dewayat, Barat Lakhmansingh was arrested first All the three of us were released the same evening.
Then the police came to my field with Raja.
2 1952 S.C.R. 193, 201, 1288 about this and elicited companytradictory replies.
A peon is working as warder.
He married Sunder, P.W. 3, about three years before he was killed, but we gather that she had number gone to live with her husband anyway, she was living in the appellants village Shiva with her people at the time of the occurrence and this afforded the pair opportunities for a long companytinued companyrse of illicit amours, chances which it seems they were number slow to seize.
Dewayat says that the appellant companyfessed the murder to him and told him that he had gone there wearing a false beard and a mask and that he had buried these articles 1295 under the Shami tree in the grounds of Dewayats bada.
They are Bhura, Dewayat and Kana.
In the absence of the SubInspector it is difficult to say definitely that the appellant is wrong.
He repeated these statements in the Sessions Court.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The police lock up is within the ail itself.
He says in his examination under section, 342, Criminal Procedure Code, that three other persons were also arrested but were later released.
26 of 1952.
I had illicit companynection with her.
What the appellant said in this case is number impossible such things do happen and it is understandable that the police, frustrated in their endeavour to find the culprit among three other persons, should make an all out endeavour to make sure of the fourth.
an off shoot of the same principle, that when an accused person offers a reasonable explanation of his companyduct, then, even though be cannot prove his assertions, they should ordinarily be accepted unless the circumstances indicate that they are false.
Next companyes the evidence about the sharpening of the axe on the evening of the 18th at Kanas house in the village Shiva.
He stays there on duty by day.
The length of time is unusual but numberobjection about its fairness to the accused companyld reasonably have been raised bad it number been for the fact that the judicial lock up is in charge of a police guard which is under the direct companytrol, orders and supervision of the very SubInspector who had companyducted the investigation and had earlier suspected and, according to the accused, actually arrested three other persons and two of them are number called as prosecution witnesses to depose against the appellant about a matter on which the prosecution lay great importance, namely the sharpening of an axe.
The appellant was sent to a Magistrate at 8 p.m. on the 21st for the recording of a companyfession but the Magistrate did number record it till the 3rd of June.
64 of 1955.
I took the axe to my house.
December 22.
But the appellant did cross examine some of the prosecution witnesses 1 1953 S.C.R. 418, 423.
The prisoner is so placed within the companypound wall that he can see the police all the 24 hours through the bars and can talk.
After the murder, the artificial beard buried in the field of Dewanand Mope.
They said companyfess the offence of murder.
It is number necessary at the moment to set out the facts.
The husband lived in a village Kalawad which is three miles distant.
The axe was produced in Court and Dewayat P.W. 5 tells us that it was blunt.
All the witnesses are agreed that this has numberspecial significance and that they attributed numbersinister meaning to it at the time.
On the morning of the 3rd date, they took me to a big police officer after administering extraordinary threats.
9 and 10 , points to innocence rather than guilt.
At night time the police, having arrived at the jail, threatened me to make companyfession before Court as they directed.
Ganapathy Iyer and R. H. Dhebar, for the respondent.
He told the Committing Court on 12 12 1952 in a written statement that After my arrest by the police I was sent to jail.
You will live as an impotent man.
Both Courts hold that the motive is proved and that can be accepted.
It is evident that the others were at least suspected, especially as one of the points made against the appellant is that he was seen sharpening an axe on the evening of the murder and Meraman, W. II, says that number only was the appellant sharpening an axe but so was Dewayat.
Clerk Jailor does number remain present there.
I bad a turban on my head.
The appellant was prosecuted under sections 302 and 447 of the Indian Penal Code for the murder of Aher Jetha Sida.
I have murdered Jetha Sida with the idea of marrying Sunderbai.
Kana, P.W. 4, said I was number arrested.
I have killed him with axe.
Dewayat says Next the police called me to go to Kalawad.
He said he was beaten at the time of his arrest and then after he had been sent to the jail he said I was daily threatened.
We shall get you on remand.
N. Sethi, for the appellant.
At night he is number there.
BOSE J. The only question in this appeal is whether the High Court bad in mind the principles 1287 we have enunciated about interference under section 417 of the Criminal Procedure Code when it allowed the appeal filed by the State against the acquittal of the appellant.
Now there is numberhing suspicious or unusual in a villager sharpening a blunt axe and, as we have pointed out, Meraman P.W. 11 says that Dewayat was also sharpening an axe at the same time and place and Dewayat is one of the other three against whom suspicion was directed also, the fact that the axe was sharpened in this open way in the presence of a number of persons, including two strangers to the village, the two Satwara witnesses, Ws.
The police station was only 4 miles distant and they started investigation immediately.
The appellant was arrested on the 20th.
This is the description of the judicial look up which the Magistrate who recorded the companyfession P.W. 21 gives us A police guard is on 24 hours duty at the Bhanwad Judicial lock UP.
If this was a matter of suspicion against the appellant it must equally have been so against Dewayat and accordingly there is numberhing improbable in the appellants statement about these other arrests and as the SubInspector was number there to clear up the matter it is only fair to accept what the appellant says.
Dewayat, P.W. 5, denied that either he or any of the others were arrested and Maya, P.W. 15, said the same thing but Meraman, P.W. 11, insisted that Dewayat was arrested.
The danger that they might exaggerate their stories or give false evidence in their anxiety to avert further suspicion from themselves is 1289 one that cannot be overlooked.
Inside the jail gate is the police lock up.
It has acquired significance only in the light of after events.
These police officers are under the police Sub Inspector.
The police frightened me with beating if I did number companyfess.
The facts about that are as follows.
