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1939 Supreme(Mad) 311

BURN


JUDGMENT

Burn, J.

1. The appellant has been convicted by the learned Sessions Judge of Cuddapah of three offences of murder and has been sentenced to death.

2. This is a somewhat unusual case; the appellant single-handed is supposed to have killed a Forest Guard and, a Forest Watcher and another man. The prosecution case was, that the appellant and a little boy examined as P.W. 2 trespassed into the Forest Reserve near Thimmayagaripalli before daylight on the 16th March, 1939, and that they cut wood in the forest and were making their way to the village when they were caught by the Forest Guard Kesavalu, Forest Watcher Somayya and another man Penchulagadu a relation of Kesavalu. These three are supposed to have stopped the appellant and P.W. 2 and the appellant is supposed to have killed them one after the other: Kesavalu first, Penchulagadu second and Somayya third. Kesavalu and Penchulagadu are supposed to have been unarmed but Somayya was armed with a bill-hook which by the looks of it is quite as efficient a weapon as M.O. 5 which is said to be.the appellants weapon. The appellant escaped with nothing worse than a slight cut on his left forearm.

3. The prosecution story was spoken







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