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1955 Supreme(All) 219

MUKERJI, JAMES
STATE – Appellant
Versus
MURLI – Respondent


Advocates Appeared:
BALESHVARI PRASAD, H.N.SETH

MUKERJI, J.

( 1 ) IN this case I have had the advantage of reading the carefully prepared judgment of my learned brother James. I am in agreement with him that the State appeal should be allowed as against two of the respondents, namely Nathu and Murli.

( 2 ) I consider it unnecessary to go into the facts of this case in any detail, inasmuch as, all the facts have been set out in my learned brothers judgment. I shall, therefore, only briefly indicate the reasons that have impelled me to agree with the conclusions arrived at by my learned brother.

( 3 ) A young girl Ram Kali was done to death and the respondents were charged with her murder. The prosecution were able to call at the trial Imirti, the wife of Misri, to give direct testimony of the murder. The position of Imirti was more or less that of an accomplice in the case, so that her testimony could not be relied upon without adequate corroboration. There was a further difficulty in accepting Imirtis testimony without corroboration, because the defence case was that she deposed to in the manner, she did in order to get rid of her male relations so that she could be free to carry on with her intrigues, unhampered, with Kanchan S
































































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