The judgment emphasizes the importance of accurate mapping in criminal cases and the need for adherence to specific guidelines in preparing maps for court use.

JUDGMENT

Sanderson, C.J. - This is a Reference by the learned Sessions Judge of Faridpur, u/s 307 of the Criminal Procedure Code.

2. The case involved a charge of murder, and a conspiracy to murder, against three persons Abinash Bose, Abinash Sarkar and Kali Charan Barai. They were charged with having murdered one Abdul Aziz Khan.

3. There is no doubt that a brutal murder was committed and that the decapitated body of Abdul Aziz was found on a piece of land, overgrown more or less with jungle, called Boybagan, near the village Jhowkhola, andl that his head was found in another part of Roybagan.

4. The case for the prosecution, shortly stated, was that Abdul Aziz and two of his relations who were Kabulis lived together carrying on a joint business in cloth. Abdul Aziz was an illiterate man: and one Nirode used to act as a sort of clerk for him writing out his khatas, making out his accounts, and he used to go with Aziz to collect the amounts due to him. After the collections had been made, Aziz was in the habit of going to Calcutta for the purpose of buying cloth for the business. It was alleged that on the 31st of December the three accused persons and Nirode were together at the house of Abinash Sarkar. Abinash Bose enquired of Nirode whether Aziz had made his collections and whether he would shortly go to Calcutta., to buy cloth: and, when Nirode informed him that most of the collections had been: made and that he, Aziz, would shortly go to Calcutta, one of the accused, namely, Abinash Sarkar, asked if they could not murder one of the Kabulis, as they had large sums of money and stated that if they could kill one of them, they would; get a considerable sum of money.

5. In my opinion there is considerable improbability about such a story.

6. One of the accused, Kali Charan, had come to the village some 14 or 15 days before this. Nirode was closely connected' with the deceased man as I have already said. It seems to be an extraordinary thing that Abinash Sarkar should make such a proposition as that, to which I have referred, to a man like Kali Charan, who had come to the village only 14 or 15 days before, and to a young man like Nirode upon whose co-operation, as far as I know, Abinash Sarkar at that time had no ground; for relying. The alleged proposition seems to have been made as if it were almost a matter of ordinary occurrence, and, the murder, it was alleged, was in fact carried out the next day at Roybagan.

7. There are some circumstances with regard to the actual murder which strike me as being improbable and difficult to accept. Nirode said that, when the deceased man was sitting down, taking a drink from a cocoanut, a dao was handed to him by one of the others, who instructed him to strike Aziz on the head and he was told that if he did not do so, the others, i.e., the accused would murder him.

8. It seems to me a curious thing that the actual striking of the man should have been entrusted to Nirode, who was a young man and who had shown himself by no means anxious to have anything to do with the murder. However, according to his evidence, he did strike a blow which was ineffective, but according to his evidence, it was not this blow which killed the deceased man, but it was the acts of two of the accused which finally effected the murder.

9. The case rested to a large extent upon the evidence of Nirode Bose who became an informer. It is quite true that in some respects there was evidence which materially corroborated the story of Nirode, as for instance, that the deceased man Nirode and Kali Charan went together into the Roybagan and that the murder must have been committed shortly afterwards.

10. On the other hand, there are circumstances which the jury would be entitled to take into consideration, and which might affect their minds when considering how and by whom the murder was committed, as for instance, the fact that the witnesses who are supposed to have first discovered the body did not take the course which they woul