KISHAN LAL Vs. STATE

JUDGEMENT

(1.) "Beatus ille qui procul negotiis......paterna rura babus exercet suit" (happy he who far, removed from business...tills with his own oxen the fields that were his father's), wrote Horace years before the Christ, and yet exodus to the towns continues unabeted The lure is for an opening, for riches or for mere crumbs. Anant Ram was no exception. His relative Chotey Lal was already settled in the harried, harassed, half-crushed, cockroach of a city called Delhi, as a domestic help with one Pushp Nath Khosla. He too migrated to Delhi to live with Chotey Lal in the stairs of Khosla's house and to look out for a job He had hardly seen twelve or thirteen summers of his life How could he know the December of his life was just waiting to lower him into the icy grave of enternal sleep. He was found dead on the morning of August 5, 1985, a victim of carnal intercourse and strangulation

(2.) On August 6 the appellant was arrested for having committed the crime and after the trial he was found guilty, and was convicted and sentenced under Section 302 and Section 377 of the Indian Penal Code. Hence this appeal

(3.) The prosecution has learned heavily on an extra Judicial confession allegedly made by the appellant on August 5, at about 6 a.m before Hari Ram (Public Witness -2) and on the statement of Som Nath (Public Witness -6) that the appellant had visited his house twice on the 4th, the first with the deceased which came to an end at about 8 30 p.m. and the second unaccompanied by any one and lasting from 9 30 p m. to 11 p m. As per Som Nath while leaving his house for the second time. the appellant had told him that he was going to the house of the deceased