KALI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Kali Ram (40) was tried in the court of Sessions Judge, Simla and Sirmur Districts for an offence under Section 302 Indian Penal Code for causing the death of Dhianu (60) and the latter's daughter Nanti (40). Charge was also framed against the accused under Section 392 read with Section 397 Indian Penal Code for having at the time of the occurrence committed robbery. The learned Sessions Judge convicted the accused under Section 302 Indian Penal Code and sentenced him to death. On appeal and reference, the High Court of Himachal Pradesh affirmed the conviction and the sentence of death. The accused thereafter came up to this Court in appeal by special leave.

(2.) The prosecution case is that Dhianu deceased was suffering from leprosy. This disease had resulted in partially destroying the hands and feet of Dhianu. For about a couple of months before the present occurrence, Nanti, daughter of Dhianu. had been staying with him in his house in village Amrahi. There was no other house near he house of Dhianu. Dhianu did business of money lending on the security of ornaments.

(3.) The accused. it is stated, is a previous convict having been convicted in cases under Sections 380, 454 and 457 Indian Penal Code in the years 1955, 1957, 1960, 1962 and 1963. was sentenced to undergo various terms of imprisonment in those cases. The last sentence of imprisonment undergone by the accused was from December 17, 1963 to November 7, 1967 on which day he was released from Central Jail, Nahan. On August 1, 1968 the police presented a challan against the accused under Section 110 of the Code of Criminal Procedure in the court of District Magistrate, Nahan. Notice under Section 112 of the Code of Criminal Procedure was then issued to the accused. It was served upon him for September 16. 1968. As the notice was not received back, the District Magistrate adjourned the case to October 16, 1968 and thereafter to November 6, 1968.