RAWALPENTA VENKALU Vs. STATE OF HYDERABAD

JUDGEMENT

(1.) These two appeals by special leave arise out of the same judgment and order of a Division Bench of the Hyderabad High Court dated the 15th April 1954 confirming those of the Sessions Judge of Nalgonda dated the 18th January 1954, In Criminal Appeal No. 43 of 1955 Rawalpenta Venkalu is the appellant and in Criminal Appeal No. 44 of 1955, Bodla Ram Narsiah is the appellant.

(2.) The prosecution case, shortly stated was that on the night between the 18th and 19th February 1953 the two appellants along with the three others (acquitted by the learned trial Judge) in pursuance of a conspiracy to commit the murder of Md. Moinuddin had set fire to the single room hut in which he was sleeping, after locking the door of the room from outside. P. W. 8, an old servant who was sleeping in front of the cottage outside the room occupied by the deceased, was awakened by the noise of the locking of the door from outside.

(3.) Such in short was the case which was investigated by the police. As no one had been named as accused in the first information report, the appellants were not arrested until the 22nd February 1953 and on the 23rd February the appellants are said to have made their confessional statements which are Exs. 27 and 28.