BIND BASNI PRASAD, J.

( 1 ) BETWEEN 11 P. M. and the daybreak on the night between the 16th and 17th August 1950, one bhagwan Das Kalwar aged about 50 years, was murdered by strangulation in a room in the upper storey of Onkar Nath Dharamshala situated in Mohalla Naka Muzaffra in the city of Faizabad. The murder remained unnoticed upto about 10 A. M. in the morning when Smt. Mulha, the wife of Debi Prasad, informed Bhagwan Din, Pujari of the Dharamshala that one of the backdoors of one of the rooms in the occupation of Bhagwan Das was open. Mahadeo, a relative of Bhagwan das was sent for, and then a party went into the room on the upper storey where Bhagwan Das was found lying dead on the floor. Constable Barkhurdar happened to reach there. He communicated this news to Mahamudul Hasan, Head Constable, who visited the scene and at 1 p. M. he lodged a report at the Kotwali, Faizabad. The report runs as follows:

"i, Mahumudul Hasan, Head Constable No. 59/c. P. , was informed by Barkhurdar Khan, constable No. 304, at about 12 noon that while he was on his beat, he had come to know that bhagwan Das Kalwar had been murdered at Onkar Nath Dharamshala in Naka Muzaffra and his goods had also

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