EMPEROR Vs. RAMA DHAN POWAR

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge of Thana, under Section 307 of the Criminal Procedure Code, in a case where one Rama Dhan Powar was charged, under Section 302 of the Indian Penal Code, with murder by causing the death of his uncle, Balu Rama Powar, on the night of the 22nd April 1915. The Jury unanimously returned a verdict of "not guilty." But the learned Judge disagreed with that Jury, and being clearly of opinion that it was necessary for the ends of justice to submit the case to the High Court, he has accordingly submitted it, recording the grounds of his opinion that the accused should have been convicted of murder.

(2.) Upon this reference the whole case is open before us, and we have heard a complete argument. The result of that argument on our minds is to satisfy us that upon the evidence on the record the accused is entitled to a verdict of acquittal.

(3.) There is, we think, no doubt that the accused bore ill-will to his uncle, the deceased, whom he regarded as a sorcerer and to those malign influences he attributed the illnesses which had befallen his wife and son. That, no doubt, would supply to the accused a motive for wishing to kill his uncle. It would also supply to the villagers and the police a reason for suspecting the accused of his murder if no other more likely clue happened to present itself. It was natural then in the circumstances stated that suspicion should fall upon the accused, and it may be that that suspicion still rests upon him. But a man cannot be convicted of murder on suspicion, and the question remains whether the evidence on the record is such as would justify a conviction. It is clear that the learned and experienced Sessions Judge before whom this trial was had bestowed great care on the case. But we could wish that his charge to the Jury had been somewhat more moderate and neutral in tone, having regard to the undeniable infirmities which attach to the evidence for the Crown.