Judgement

BOSE, J. : This is another of those cases in which Courts are compelled to acquit because Magistrates & Sessions Judges fail to appreciate the importance of S. 342, Criminal P. C., and fail to carry out the duty that is cast upon them of questioning the accused properly and fairly, bringing home to his mind in clear and simple language the exact case he has to meet and each material point that is sought to be made against him, and of affording him a chance to explain them if he can and so desires. Had the Sessions Judge done that in this case it is possible that we would not have been obliged to acquit.

2. The facts are simple the appellant Machander was charged with the murder of one Manmath. Machander s brother Gona was also challaned but as he absconded he could not be tried.

3. The appellant and the deceased and Gona reside in the same village. There was some ill-feeling between the appellant and the deceased and it can be accepted that Gona shared his brother s sentiments because, so far as the latest cause for enmity goes, Gona is equally concerned; and this also applies to Pandu, the appellant s father, and Bhima, another brother. The causes for enmity are the follow