KANHAI Vs. STATE

JUDGEMENT

(1.) APPELLANT Kanhai has been convicted by the Additional Sessions Judge, Farrukhabad, of offences under Sections 457 & 302 I. P. C. and has been sentenced to two years' rigorous imprisonment under the first count and to suffer death on the charge of murder. He has come up in appeal against his conviction and sentences and the learned Sessions Judge has made the usual reference for the confirmation of the sentence of death inflicted on the appellant.

(2.) THE accusation against the appellant was that during the night intervening 3rd and 4th of September. 1965, at about 2 A.M. in order to commit theft he committed house breaking of Pyare Bhurji's house in village Ghamaich Mau, police station Kannauj, district Farrukhabad and near the aforesaid house committed murders of Phool Chand and Sri Krishna by striking at them repeatedly with a Kanta THE learned Sessions Judge was of opinion that the case of the prosecution relating to the murder of Phool Chandra has not been established against the appellant. Accordingly he acquitted him of that charge but found the charge under Section 302 I. P. C. in respect of the murder of Sri Krishna established against the appellant and convicted and sentenced him as has been stated above.

(3.) ON their refusal appellant got terribly annoyed and attacked Sri Krishna from behind with a Kanta. Sri Krishna fell on the ground and cried for help. Phool Chandra who was taken aback by this sudden tragedy ran for his. life He too was, however, overtaken by the appellant and done to death at the spot. The cries raised by Sri Krishna attracted the notice of a number of villagers who ran to the spot. ONe of them Mohammad Haneef flashed his torch and saw the appellant standing with a blood stained Kanta in his hand by the side, of fallen Phool Chandra. Appellant, however, made his escape good on their arrival near him. Sri Krishna who was still alive narrated his tale of woe to Ayub Khan (P W 1) who dictated a birsi information report on its basis and handed over the same at police station Kannauj six miles away during the same night at 3 A. M. In this report he gave the version of the occurrence as he had learnt from Sri Krishna in his own words on the basis of which a case was registered and investigation followed.