Bose, J. - (1.) The appellant Bihari Singh has been convicted of the murder of his brother Fakira Singh and has been sentenced to death. The conviction is based on the evidence of the appellant's wife Mst. Gujri. She has been believed and ordinarily that would have concluded the matter. But the trial has been so perfunctory and the examination of the evidence so careless and uncritical that we consider it proper to exercise our special powers to set aside the conviction and acquit appellant.
(2.) To begin with, there is the examination of the appellant under Section 342 of the Criminal Procedure Code. Despite the repeated pronouncement of this Court about the importance of this part of a trial and despite the decision reported in-- " Tara Singh vs. The State ", AIR 1951 SC 441 (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.
(3.) In the Committal Court this was all the examination: "Q. Have you heard the statement of the witnesses A Yes , Sir. Q. Did you commit the offence A . No, Sir." In the trial Court it was no better . 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 the answers were: " Q Did you , on 1-10-51, in your house at village Demu , tola Semri , knowingly strangle to death your brother Fakira Singh A.No. Sir. Q. Did you, on the same day or the 1st to 2nd , conceal the dead body of Fakira with this intention that you may be exonerated from the charge A No , Sir. Q. Have you got anything more to say A. I have been falsely implicated." ;