Judgment

KRISHNA IYER, J.:- The murder of an old man in broad day light occurred on 26th September, 1966, on a country road in Satara District and about seven years later the fluctuating fortunes of the two young persons charged with the crime are being finally set at rest. One of the misfortunes of our criminal process, which stultifies penal justice, is the counter - productive course of trial and appeal and appeal "at each remove a lengthening chain". The facts of the case have been set out fairly fully in the judgments of the High Court and the trial Court and for the purposes of this appeal it is sufficient to set out the story in its broad essentials.

2. The venue of the offence lies on a cart track connecting the villages of Bibi and Ghadgewadi. The dramatis personae are P.W. 8 Sita Ram, a somewhat consequential man of village Kadamwadi, his quondam servant, the deceased Hariba, the alleged assailants (accused) Shivaji and Lalasaheb, the eye-witness Vilas (P.W. 5) who is the Assistant Gram Sewak of the area, and others cast in lesser roles. There were some disputes between the 2nd accused and P.W. 8 Kadamwadi the place of residence of these two persons, is a little to the nort