The main legal point established in the judgment is that a defect in the charge, if it does not cause prejudice to the accused, may be considered an irregularity curable under the law.

Sahai, J.

1. The appellant has been convicted under S, 302, Penal Code for the murder of one Mangan Singh on 11-7-1954, and has been sentenced to death. He has also been convicted under Sec.307 for on attempt to commit the murder of Mangans daughter, Mt. Basmatia (P. W. 1), but no separate sentence has been imposed under this section. The reference has been made for confirmation of the sentence of death. The appellant has filed the criminal appeal from jail. This judgment will dispose of the reference as well as the appeal.

2. The prosecution case is that Basmatia (P. W. 1) went with her father, Mangan Singh, to the jungle on Sunday, 11-7-1954. On their return, they began watching their maize crops in their field at village Murma within the jurisdiction of Daltonganj police-station in Palamau District. The appellant is an agnate of Mangan Singh, and there was no previous enmity between the two. On Thursday preceding the day of occurrence, a bullock belonging to the appellants family died. On Saturday, the appellants father, Chulhan Singh, went to Debas at a village which bears the name of Patna and which is at about 4 or 5 miles from village Murma. He consulted a Bhagat there, and the Bhagat fold him that the bullock had died due to witchcraft practised by Mangan Singh. This caused annoyance to the appellant, and in the evening, before sunset, he came with a tangi in his hand to the maize field in which Mangan Singh and Basmatia were watching their crops. He gave several blows with the tangi to Mangan Singh and killed him on the spot. He then dragged Mangans body to a well at a distance of about 195 feet to the north-west of the place of occurrence and close to the south of the appellants house. The well is dry and the appellant threw Mangans body in that well. Basmatia raised a halla, whereupon the appellant began to throttle her with the intention of killing her. Nanhak (P. W. 7) heard her cries and came to the place of occurrence. At his intervention, the appellant left Basmatia and went away, saying that he would kill her mother. Basmatia told Nanhak all that had happened, and he took her to his own house. Both of them told Nanhaks brother Gudri Singh (P. W. 4) all about the occurrence.

3. Later, Bhagwati Singh (P. W. 2) of village Murma returned to his village from the market at Satbarwa. He heard Gudri Singh (P. W. 4) and Tribeni Singh (P. W. 3; talking about the murder of Mangan bv appellant Ramautar. He went and saw the dead body lying in the well, and therealter he went with Tribeni Singh and Gudri Singh to the police outpost at Satbarwa.

The Assistant Sub-Inspector in charge of that out-post was absent, and hence he took constable Mia Mustata (P. W. 6) With him and went to Daltonganj police-station. First information report, Ex. 4, was recorded there on the statement of Bhagwati Singh at 9-30 P. M. on the same date the distance from village Murma to the police station at Daltonganj being about 17 miles. Sub-Inspector B. K. Prasad (P. W. 12) investigated the case and submitted charge-sheet against the appellant.

4. The prosecution case further is that Basmatias mother Mt. Musni had gone to Satbarwa market on the date of occurrence. She never returned from there. On 13-7-1954, Teka Singh (P. W. 8) found her dead body lying in a place called Satbahni-Dorha.,. On receiving this information the Sub-Inspector (P. W. 12) went there, found the dead body which had injuries lying between two big stone slabs and partially covered with leaves, held inquest and sent the body to the Daltonganj hopsital for post-mortem examination. It is suggested that the appellant killed Mt. Musni also in pursuance of the threat which he had given to Basmatia (P. W. 1).

5. Apart from the charge for the offence under Sec.307 for attempting to kill Basmatia, one charge for the offence of murder was framed against the appellant. The material part of this charge runs as follows:

"That you, on the 11th day of July, 1954 at village Murma, P. S.