A petition for enhancement of sentence of Kishanrao and Shaligram preferred by the State was dismissed.
The incident appears to be a deliberate case of Accidental death and deliberate companycealment of the body by some other person during my absence.
He led the police to the well from which parts of the cycle ridden by the deceased were discovered.
On a search of Limseys house on the third storey on 12 10 1948, a freshly companystructed tomb of brick and cement from which foul smell was companying, was discovered.
I do number know how Dattu Patel came to die or how his body came to be buried.
On 8 10 1949 Limsey wrote to Dattu to companye and meet him that day.
He surrendered himself to the police at Benaras on the 16th.
Kisanrao, respt.
His plea in defence was I am innocent.
121, 122 and 123 of 1950, preferred to that Court by the three respondents.
Kishanrao was arrested on the 14th.
Ganpat had laid this charge against me falsely as he knew that I knew what he had done with the cycle parts.
Respt.
I am innocent.
When called upon to state his plea of defence, he said Gadi Patel, Ganpat and others found Dattu Patel drinking and dying of heart failure.
Intimate time.
Accused 3, Shaligram, denied having had anything to do with the incident.
In support of his plea of alibi Limsey made a detailed statement according to which he left Nagpur on the afternoon of the 8th for Amaravati and before Dattu had companye to his house and did number return to Nagpur till after his surrender at Benares on the 16th.
All of them appealed to the High Court and were acquitted.
On the same day, Shaligram, accused 3, was also arrested and he produced other cycle parts.
Limsey, when called upon to enter his defence, stated I was number present and I do number know how Dattu Patel died or his body came to be buried in my house.
There is evidence on the record that up to the evening of the 11th and before a search warrant was issued on the 12th Limsey was at his house where the dead body of Dattu Patel had been entombed.
The letter is in these terms Salutation to Dattu PatelYou should see me today at once.
1, R. G. Limsey, is an advocate of the High Court of Nagpur, respt.
All the three respondents were tried for the murder of one Dattu Patel and were charged in these terms That, you on or about the 8th day of October 1949 at Nagpur did companymit murder by intentionally causing the death of Dattu Patel and thereby companymitted an offence punishable under Section 302 read with Section 34, I. P. C. and within the companynizance of the Court of Session.
Limsey was number found in the house at that time.
They were companyvicted by the Sessions Judge, Limsey was sentenced to death, and Kishanrao and Shaligram were sentenced to transportation for life.
Mahajan J. This appeal by special leave is directed against an acquittal order of the High Court of Nagpur in Criminal Appeals Nos.
The tomb was opened up and the body identified as that of Dattu was taken out.
The deceased, Dattu Patel, was a resident of Taroda, district Wardha and at the time of the incident he was residing in the house of Virendra Malviya, P. W. 27, at Ganjapeth, Nagpur.
Dattu had companyplained to Virendra Malviya that Limsey had swallowed thousands of rupees from him and that he was an associate of thieves, and gets thefts companymitted by others and shares the booty with them.
Limsey in his turn had accused Dattu of defaming him and had threatened that if Dattu did number stop his defamatory propaganda he may go to the length of killing him.
