KANHAI Vs. STATE

JUDGEMENT

(1.) APPELLANT Kanhai has been convicted by the Additional Sessions Judge, Farrukhabad, of offences under Sections 457 and 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.) THE prosecution story lies in a narrow compass.