KING EMPEROR Vs. SHEO SHANKER SINGH
HIGH COURT OF PATNA
Sheo Shanker Singh
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(1.) This is a reference for the confirmation of the sentence of death passed on one Sheo Shanker Singh, otherwise known as Sheo Das or Sheo Shanker Das, aged about 25 years, for the murder of one Baba Ramdas Mahant in the night of 18-8-1946 or In the early hours of 19-8-1946 at village Naokothi.
(2.) The condemned man has sent a petition of appeal from the Central Jail, Bhagalpur, where he is detained at present, and another appeal has been filed on his behalf by Mr. Pitambar Mishra Advocate. The appeals and the reference have been heard together.
(3.) The appellant, according to the prosecution, was living in the temple attached to the math as a chela of the late mahant and was seen with the mahant even in the evening of 18-8-1946. One Nokhe Dhanuk was menial servant of the mahant and also a choukidar of the math. As usual, he had left the thakurbari in the evening of 18-8-1946 after having finished his daily work, and after his departure, the only two persons left in the math were this appellant and the deceased mahanth.
When Nokhe Dhanuk turned up the next morning at about 7 a. m. for doing his duty, he saw the mahant lying dead in the Jhoolari room, where the appellant used to sleep, with his neck cut and with several other injuries on his face. The appellant had disappeared and there was nobody else in the Thakurbari at the time. There had been profuse bleeding, and Nokhe found a blood stained garansa and a vegetable-cutter near the cot on which the dead body was found. The room in which the mahant used to keep his valuables and other articles had been opened and things were lying scattered in that room. The idols in the temple had been stripped off their ornaments & a wooden box kept in the room had also been opened.
Nokhe ran to Awadh Bihari Singh, the landlord who had made endowment to the temple and he also met the patwari of Ayodhya Babu besides others. The patwari went to the math and saw the mahant lying dead. The daffadar and a few other persons on receiving the information also came to the thakurbari and saw the condition or things there. Nokhe was sent to lodge information at the Bakhri Police station, which is about 9 miles south-west from the place of occurrence, and he-lodged the information at 10 a. m. on 19-8-1946. The Officer in charge of Bakhri Police Station after re- cording the first information report left for the spot. He arrived at the place of occurrence at about 4 P. M. on the same day. He made an inspection of the place of occurrence and when he-went inside the thakurbari, which is in the middle of an orchard and outside the basti, he found all the idols stripped off their ornaments such as mukut, chhatri, etc.
In the northern room he found a wooden box or chest with its contents scattered about a blood? smear on the door sill near the lock. In the room, which is called Jhoolan room, he found the corpse of the mahant on a cot and there was blood on the charpai as well as below it. He scraped the blood stained earth. Near the cot there were also a blood garansa and a 'baithki' with blood marks. There were a ganja chilam and a pair of Khaduns both near the cot. He held an inquest on the dead body and sent the corpse for post mortem examination. He then examined the villagers and took up the investigation, but up till 8-9-1946 when he got certain information from Monghyr, he was not able to find any definite clue.;
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