RAM SINGH Vs. STATE

JUDGEMENT

(1.) Ram Singh and Gopal have been sentenced to death by the learned Sessions Judge, Mainpuri for the murder of Mr. Kunwar Krishna Kapoor. The case of the prosecution against them very briefly was this. At the time of his murder M. Kunwar Krishna Kapoor was employed as senior engineer in Hind Lamp Works (Private) Limited, Shikohabad and was drawing a salary of Rs. 900/- and odd per mensem. He was married and had two children a son about 8 and a daughter about 4 years of age. Ram Singh was employed as a domestic servant by Mr. and Mrs. Kapoor. Gopal was in the domestic service of a gentleman by the name of Dr. Bhattacharya who was also employed by the same company which had provided residential quarters for its senior officers. The bungalow of Mr. and Mrs. Kapoor adjoined that of Dr, Bhattacharya both facing south and being almost similar in size, construction and design. In the colony there also lived Mr. B.R. Kriplani who was also a senior engineer of the Company with a salary of Rs. 1250/- per mensem. The prosecution case is that on 5-10-1959 Mr. Kapoor drew his monthly salary of Rs. 900/- and odd which he brought home. Two days later during the night between 7-10-1959 and 8-10-1959 at or about 1 a.m. Ram Singh and Gopal entered the bed room of the Kapoors' and committed the murder. The family were sleeping indoors on a composite bed enclosed by a single mosquito net. The bed was placed east to west, the head towards the east and feet towards the west. Mrs. Kapoor lay on the southern edge of the bed, Mr. Kapoor in the middle and their little girl on the northern edge. The wooden shutters of the door of the bed room were opened but the wire gauze shutters were closed and bolted from inside. An electric bulb of high power was switched on in the verandah in front of the bedroom door and another radiated its light from a braket fixed to the outer wall of the verandah. At or about 1 a.m. Mrs. Kapoor was disturbed and awakened by what she subsequently described as a groaning noise coming from her husband. She saw Gopal who was standing by the head of the bed, in the act of pulling out a knife from her husband's chest. At that very moment she also saw Ram Singh who was Standing by the southern edge of the bed where she lay, attempting to stab her husband with a knife. Mrs. Kapoor threw herself on her husband and thereby succeeded in taking Ram Singh's knife blow OH the left side of her back. She, however, managed to grip Ram Singh accused and never let him go. At the same time she screamed for help. She kept a firm hold all the time on Ram Singh whose knife fell from his hand. Ram Singh, however, made a desperate effort to free himself and dragged Mrs. Kapoor through the door of the bedroom into the verandah. During this struggle the other assailant Gopal gave her a blow with his knife which injured her left arm. He managed to run out and escaped but Ram Singh was held by Mrs. Kapoor in heir grip. Meanwhile, her cries had aroused others. Those, who reached quickly on the scene were, Mr. B.R. Kriplani, the senior engineer mentioned above, Ajab Singh, the head Durwan of the Hind Lamp Colony, and Rati Bhan a night watchman who was present near-by. They were just in time to see Gopal running away with a knife in his hand. They, however, got hold of and overpowered Ram Singh who had not been able to shake off .Mrs. Kapoor. They shut him up in a room and proceeded to search for Gopal. Within a few minutes Ajab Singh and Rajti Bhan secured Gopal who had retired to the servants room in the house of Dr. Bhattacharya. Mr; Krip-lani then wrote out in English a report for the police which was taken to the police station Shikohabad by the Supervisor of the Lamp factory. The Sub Inspector reached the spot at or about 2-30 a.m. and made out the usual recovery list in the presence of the witnesses and prepared an inquest report. He also made a sketch of the locality or site plan as it is usually called. Mr. Kapoor's dead body was sent for post mortem. It appears that Gopal accused made a statement to, the Investigating Inspector which led to the recovery of the knife which he had thrown in the back garden of Mr. Kapoor's house before escaping and also some blood-stained clothes which Gopal was wearing at the time of the assault. :

(2.) Both Ram Singh and Gopal were charged with the murder of Mr. Kapoor and with attempt to murder under Section 307/34 I. P. C. The principal witness for the prosecution was Smt. Sudarshan Devi Kapoor the widow of the murdered man. She gave a detailed and graphic description of the assault and of her unsuccessful effort to save the life of her husband. She also described how she was able to catch hold of Ram Singh and prevented him from running away like Gopal. The other important witnesses were Mr. B.R. Kriplani, the senior engineer and Ajab Singh both of whom had run to the house of Kapoor on hearing Mrs. Kapoor's loud cries for help. The evidence of these three witnesses was unshaken in cross-examination. In fact, there was hardly any cross-examination worth the name.

(3.) Both Ram Singh and Gopal denial the charge and stated that they did not commit the crime and did not know how Mr, Kapoor was killed and his wife injured. Ram Singh stated that he was sleeping in his room at or about 1.30 a.m. when he was arrested by the Investigating Officer. Copal stated that he too was sleeping in his own room in Dr. Bhattacharya's house when he was awakened by, the shouts of Mrs. Kapoqr, He also alleged that though, on hearing Mrs. Kapoor's cries his employer went to Mr, Kapoor's bungalow, he (Gopal) did not leave his room. He denied having made any statement to the Investigating Inspector that he had hidden any dagger and denied that there was any recovery of these articles in his presence. When asked why Mrs. Kapoor, Mr. Kriplani and Ajab Singh had given evidence against them, both, Ram Singh and Gopal could not give any explanation. They produced no evidence in defence or in support of their alibi. The learned Sessions Judge convicted both of them of murder under Section 302/84 I. P.C, and sentenced, both to death, He considered the prayer on behalf of Ram Singh for lesser penalty of life imprisonment on the ground of youth. He is alleged to be of 17 years of age, but rejected it be-cause of "the exceedingly brutul and dastardly nature of the murder and having regard to the fact that the accused, in associating himself with the murder of his own master, has grievously betrayed the sacred trust between master and servant'. He therefore, took the view, that Ram Singh also deserved death as punishment for his crime.