JUDGMENT

Prinsep and Hill, JJ. - Three persons--Jadub Das, Mangal Das, and Rai Charan Das--were tried in the Sessions Court of Jessore on a charge of murder by causing the death of one Jogeswar Das by strangling him, and in the Sessions Court a further charge of abetment u/s 114 of the Indian Penal Code was added by the Sessions Judge against Jadub Das. The jury returned an unanimous 298] verdict of acquittal and the Sessions Judge has referred the case to us u/s 307 of the Code of Criminal Procedure in respect only of Jadub Das. He has accepted the verdict of acquittal as regards the other two accused.

2. Dwarika Das is the father of the deceased Jogeswar, and he states that his son left his house at about two dandas of the evening of the 1st January, and has never since been seen alive. He made many inquiries regarding him during that night and the following day, but could learn nothing until, on the morning of the 3rd January, he was told by one Biswanath that his son's body was lying in a field. He went there and found his son dead; Jadub Das, the prisoner, his mother and grandmother, who are both witnesses, being present "lamenting." He also says that "Patiraj Chowkidar went there at that time," but this man has not been examined as a witness. He then went and gave information to the police station, distant about six miles, charging Jadub Das with the crime, and mentioning Biswanath and Mangal Das as being concerned in it. It may here be observed that nothing was then said of the presence of Jadub Das and the female witnesses when he first found the body. The Police Sub-Inspector went on the following day, that is on the afternoon of the 4th, and then commenced his investigation.

3. Now the first thing naturally would be to proceed against Jadub Das, who was the person accused by Dwarik on the ground that he bore ill-will towards the deceased. The Sub-Inspector states that Jadub was not at home, and that he was brought by a constable at about 4-30 in the afternoon. The constable, who is said to have arrested him, has not, however, been examined, and therefore there is nothing to show that Jadub Das was in any way evading arrest. Having got Jadub Das before him, it would be expected that the Sub-Inspector would arrest him; but he says that he did not do so. He would have us believe that he considered that he had no sufficient ground for arresting him. That is indeed the reason mentioned, and accepted by the learned Sessions Judge in a part of his reference to us. On the contrary, the Sub-Inspector proceeded to record a statement in writing of Jadub Das professedly u/s 161 of the Code of Criminal Procedure, and then immediately afterwards he arrested him and sent him in to the Magistrate without any delay. In that statement it may be mentioned that Jadub Das denied all knowledge of the murder, and therefore there was nothing before the Sub-Inspector, in addition to the accusation of Dwarik Das, which was already before him, to induce him to arrest Jadub Das. We think it was a very improper step on the part of the Sub-Inspector to take any statement in writing from Jadub Das. He must have known that statement was being taken preliminary to his arrest, and that it could be so taken only for the purpose of obtaining evidence. We observe that a similar course was also taken in regard to another man--Rai Charan Das. This will be presently referred to. Jadub Das was accordingly sent in to the Magistrate on the evening of the 4th. Now, with suspicion on some foundation against Jadub Das, it would naturally follow that the police should make a further and close inquiry from the inmates of his house. The Sub-Inspector, however, would have us believe that he did not think it necessary to make any inquiry beyond a mere cursory inquiry, and that he directed his inquiries elsewhere. He states, however, that he examined the mother of Jadub Das on the evening of the 6th, and that the next morning she repeated the same statement in the presen