Judgement

Appeal (No. 39 of 1948), by special leave, from a judgment and order of the High Court (September 19, 1947) dismissing an appeal against a judgment and order of the Court of the Sessions Judge of Ganjam-Puri (July 23, 1947) whereby the appellant, Bhuboni Sahu, was convicted of the offence of murder under s. 302/34 of the Indian Penal Code and sentenced to death.

The following facts are taken from the judgment of the Judicial Committee It was not in dispute that on October 11, 1946, one Kalia Behera was brutally murdered at a place between Berhampur, where he lived and carried on business as a jutka driver, and Golantra, to which he was driving with passengers in his jutka. It was unnecessary to refer to the details of the murder; though it might be noted that the motive attributed to the appellant was that he was a relation of accused Nos. 1 and 2 who were said to have been on terms of enmity with the deceased, but both of whom were acquitted of the murder. Eight persons were charged with the offence and tried by the Sessions Judge of Ganjam Puri. The learned judge convicted six of the accused, including the appellant, who was accused No. 7, and one Trinath, who was accus