RAM BHAROSEY Vs. UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the High Court of Allahabad confirming the conviction of the appellant under Section 302, I.P.C. and the sentence of death passed on him by the Sessions Judge, Unnao. The charge against the appellant was that on the night of 26th May 1952 he murdered his father, Manna and his stepmother, Kailasha. There was no direct evidence connecting him with the offence. The only question is whether the circumstantial evidence in the case is sufficient to sustain the conviction.

(2.) The appellant had become divided from his father some four years prior to the occurrence, and was living, apart in another house separated from that of his father by a gonad. On the morning of the 27th May 1952 both Manna and Kailasha were found dead lying amidst blood with multiple injuries on their bodies. The matter was reported to the chaukidar, P.W. 1, who made the first information report, Exhibit P-1. Therein he stated:

(3.) The correctness of this conclusion was assailed by the appellant firstly on the ground that inadmissible evidence had been admitted, and that that had vitiated the finding; and secondly on the ground that there had been misdirections in the appreciation of certain pieces of evidence, and if they were excluded, there was not sufficient legal evidence to convict the appellant. The first contention has reference to certain statement which the appellant is alleged to have made to his wife. She was examined on behalf of the prosecution as P.W. 2, as she deposed as follows.