Judgment

Kania, C.J.I. : This is an appeal from the judgment and order of the High Court at Nagpur, reversing the judgment and order of the Additional Sessions Judge, Bhandara, and convicting the appellant for the offence of murder and passing a sentence of death on him under S. 302, Penal Code. The brief facts are these.

One Kawadu had taken two mango tress on rent from the owners. He used to watch the fruits during the daytime and returned to his house in the evening. On 26-5-1949 he went as usual from his residence to watch the trees and went home for his mid-day meal. After taking his meal he went to resume his watch but did not return home in the evening. His wife therefore got anxious and with some others went to the place where Kawadu used to sit. They found Kawadu lying dead about a few yards away from the hut which he had constructed near the trees. Certain gold ornaments which he used to wear on his ears were found missing. A report of the death was made and police investigation followed. In spite of various visits of the police officers to the site and inquiries made in the village, nothing was traced.

On 28-10-1949, i.e., about five months after the death of Kawadu the app