BOSE - (1.) THE Judgment of the court was delivered by
(2.) FIVE persons including the three appellants, were prosecuted for the murder of one Ram-chander Shelke. Each was convicted and each was sentenced to death under section 302 of the Indian Penal Code. The appeals and the confirmation proceedings in the High court were heard by M. S. Ali Khan and V. R. Deshpande, JJ. They differed. The former considered that the convictions should be maintained but was of opinion that the sentence in each case should be commuted to imprisonment for life. The latter favoured an acquittal in all five cases. The matter was accordingly referred to a third Judge, P. J. Reddy, J. He agreed with the first about the convictions and adjudged all five to be guilty under section 302. On the question of sentence he considered that the death sentences on the three appellants, Pandurang, Tukia and Bhilia, should be maintained and that those of the other two should be commuted to transportation for life. It seems that the opinion of the third Judge was accepted as the decision of the court and so the sentences suggested by him were maintained as well as the convictions. All five convicts then applied to the High court for leave to appeal. The petition was heard by Ali Khan and Reddy, JJ. and they made the following order: `The circumstances of the crime in this case were such that a brutal murder had been committed and sentence of death was the only one legally possible for the Sessions Judge to have passed and it was confirmed by the High court`. Leave to appeal was refused. Pandurang, Tukia and Bhilia, who were sentenced to death, applied here for special leave to appeal. Their petition was granted. The other two have not appealed.
(3.) THE prosecution case is this. On 7/12/1950, about 3 o'clock in the afternoon,, Ramchander Shelke (the deceased) went to his field known as `Bhavara` with his wife's sister Rasika Bai (P.W.1) and his servant Subhana Rao (P.W.7). Rasika Bai started to pick chillies in the field while Ramehander went to another field `Vaniya-che-seth` which is about a furlong away. We gather that this field is near a river called Papana. Anyway, Rasika Bai heard shouts from that direction, so she ran to the river bank with Subhana and they both say that they saw all five accused attacking Ramchander with axes and sticks. Two other persons, Laxman (P.W.6) and Elba (P.W.5), who were in the neighbourhood, also heard the cries and ran to the spot. They also say they witnessed the assault and name all five accused. The former has a field near by and was working in it; the latter was a passer-by. Rasika Bai shouted out to the assailants not to beat Ramchander but they threatened her and then ran away. Ramehander died on the spot almost immediately. ;