Judgment

KHANNA J. : This is an appeal by Shiv Sing (68) against the judgment of the Madhya Pradesh High Court affirming on appeal and reference the conviction of the appellant for an offence under Section 303. Indian Penal Code and the sentence of death.

2. The prosecution case is that the accused was convicted by the Sessions Judge Garoth on December 23, 1938 for an offence under Section 302 read with Section 109 Indian Penal Code and was sentenced to undergo imprisnment for life. The accused while undergoing that sentence escaped from Central Jail Indore on November, 27, 1946.

3. On December 29, 1960, it is stated: Head Constable Bahadur Singh of police station Jharda went along with Ramgopal constable to village Katharia at about 11 a.m. The Head Constable while sitting on the bank of the river asked Ramgopal constable to call the village chowkidar. After Ramgopal had left, the Head Constable saw the accused going with a 12 hore gun at a distance of about 50 yards. The Head Constable shouted to the accused to come to him. The accused on seeing the Head constable who was in uniform ran away. In the meanwhile, Ramgopal constable also came there and the Head Constable asked Ramgopal