JUDGMENT

1. Nangu, Brahman, 35; Sheo Narain, Thakur, 30; and Moti Pasi, 20, were tried at one trial and were convicted under Section 302, Indian Penal Code, of murder. They were sentenced to be hanged by the neck until they are dead. Ali three have appealed and the sentences are also before us for confirmation.

2. Mt. Kailasha, the murdered woman, was a widow of about fifty years old. She was related to the approver Daulat Singh in this way: that his father and her father-in-law were brothers. Daulat Singh has given a full account of the murder. He says that the principal motive was an affair, which took place several months before, when a Pasi girl named Rukminia was kidnapped by Nangu and Moti, in order that she might be sold in Lucknow by Kailasha. Sheo Narain and Daulat Singh were also in the plot. Kailasha took the girl away and it was believed that she obtained Rs. 300 for her, but she distributed only Rs. 20 to her accomplices. There is corroboration with regard to this affair, because the disappearance of the girl was reported at the time by her own people, and they mentioned the name of Moti accused.

3. There was also a recent incident in which Sheo Narain and Kailasha had quarrelled about a matter of Kailasha's kids trespassing and doing damage in Sheo Narain's house. Sheo Narain and Daulat Singh are cousins, and they are equally related to Mt. Kailasha; and Sheo Narain lives next door to her. The incident of the quarrel is amply corroborated. There is a detail, which the learned Sessions Judge has considered important, namely that Sheo Narain went and fetched his lathi, and called to Kailasha to come out in order that he might thrust it into her private parts.

4. The affair of Rukminia took place about the beginning of March, 1924, long before the murder, which was committed on the night between the 18th and 19th December. The quarrel with Sheo Narain was seven or eight days before the murder. Daulat Singh describes how the four conspirators met at his house, and went from there to Kailasha's house where Daulat Singh called on her to open the door. She did open it. They went in Nangu threw Kailasha down on a bed. Moti took off her dhoti and wrapped it round her throat, and they strangled her so that she never uttered a cry. Sheo Narain, perhaps, with some recollection of his threat, thrust a ladle into her private parts, but not in such a way as to do any injury. The murderers then took the jewels of the woman, and went to a banyan tree close to Kailasha's door. There Daulat Singh received two mutkaras as his share. At that point Baijnath Singh, P.W. 10 appeared and the four murderers dispersed to their houses. In the morning Daulat Singh went to Kailasha's house and saw her lying dead. He told his brother Mangal Singh that some one had killed Kailasha, and Mangal Singh made a report at the police station. In this report he related the quarrel with Sheo Narain. The thanadar reached the village about 1 p.m. on the 19th, and on the same day Daulat Singh gave him a list of the ornaments which Kailasha had been wearing. No doubt he did this in the capacity of her nearest relation. It was not until four days later, on the 23rd, that he made a confession. That came about through Gaili Singh. Gaili Singh keeps the sister of Kailasha as his mistress. She was naturally concerned about the murder of her sister, and she put her husband on to making enquiries from Daulat Singh. Daulat Singh told the facts to Gaili Singh, probably believing that they would go no further, but Gaili Singh is also a chaprasi of the zilladar like Ram Sewak, so Ram Sewak got the facts from him, and told the thanadar. Daulat Singh then confessed to the thanadar, but he did not fully implicate himself until he had received a pardon.

5. The statement of Daulat Singh is full and detailed. It reads well, and, which is much more to the point, it convinced the Court that listened to it, although it must not be forgotten that all four assessors would have acq