Viscount Dunedin. -

The appellants and respondents are lambardars and the principal inhabitants in the village of Mohiuddinpur. The suit arises out of circumstances of a remarkable character, which took place in connexion with a crime as to which the complete truth will in all likelihood never be discovered.

One Sheo Bux, a humble inhabitant of the village, was last seen alive on the evening of the 17th September 1919. As he was under police supervision his ab sence after that date was noticed by the village policeman, but it was supposed that he had gone to some other village.

On the 20th September, a little after noon, a party of four persons arrived at the police office, which is situated at a place called Pasgawan, about two miles from the village. These were Badri Sah, a lambardar in the village, and one of the respondents, Hazari, a cultivator, his son, Raghunath, aged 18, and Bharat, a cultivator. The sub-inspector of Police was, at the moment, absent, and a policeman was in charge. Raghunath then proceeded to make a confession, which was recorded in the police diary of the day. The confession was to this effect :

The appellants had, some time ago, offered him Rs. 500 if he would do away with Sheo Bux. He had returned an ambiguous answer to the proposal. On the 17th September his father had gone away from the village. The appellant Bachchu had then said that this was the opportunity desired. Accordingly, when nightfall came the two appellants came to his house and despatched Teja, a barber, 16 years old, to fetch Sheo Bux. They all sat down ; then Balbhaddar fell upon Sheo Bux, put his hand on his mouth, while Bachchu grappled with him. With the assistance of Teja and himself, Raghunath, they carried him into the house. He and Teja held his feet. Balbhaddar sat on his chest and held his mouth and Bachchu, with a knife, cut his throat, and he died. A hole was then dug in the floor of the house and the body buried. He applied for his Rs. 500, but was told by the ap pellants he would get that when they took the body away. On the 19th Sep tember he asked them to take away the body, but they said that they had had no opportunity of doing so. This day, that is, the 20th, his father had returned and he told him the whole story. His father went to Badri Sah, who told him to bring Raghunath to him where he was sitting along with Bharat Singh. To them he repeated the story, whereupon they all took him to the police office. After this he was consigned to the lock up, and the policeman in charge sent a message to the Sub-Inspector. The Sub-inspector hurried back to the village and sent for Raghunath from the lock-up. He repeated to him the same confession, and on being taken to his house pointed out where the body was buried and where the shoes and garments of the deceased were also buried.

The body was exhumed ; the shoes and garments found. It was the body of Sheo Bux and his throat was cut. The Sub-Inspector thereupon arrested Teja and locked him and Raghunath up. The next morning he sent both Raghunath and Teja to Lakinpur, and there, on the 24th September, they were brought before the Magistrate. The Magistrate, as in duty bound, took a statement from each of them, no policemen being present, and he having duly informed them that he was a Magistrate. Raghunath repeated his confession with a little more dramatic detail, but in all essential respects as before. Teja gave a shorter account. He described the murder in identical terms. To each of these confessions the Magistrate appended this note :

I believe that this confession was voluntarily made. It was made in my presence and hearing. It was read over to the parson making it, and was admitted by him to be correct. It contains a full and true account of the statement made by him.

On the 27th October the Magistrate, having examined some other witnesses, among whom was Mt. Parbati, the mother of the murdered man, who swore that, on the 17th, she saw the two ap pellants along with Ragh