BHAGWAN DAS Vs. STATE

JUDGEMENT

(1.) THE two appellants have been convicted by the learned Additional District and Sessions Judge, Kanpur, of offences of murder, robbery and causing disappearance of evidence of murder for screening themselves from legal punishment. Appellant Bhagwan Das has been convicted under Sections 302/34,1. P. C. and appellant Bholey Khan under Section 302, sim-plicter and both have been sentenced to death. Both of them have further been convicted under Section 201 I. P. C and sentenced to five years' rigorous imprisonment each Appellant Bhagwan Das has further been convicted under Section 394 I. P C and appellant Bholey Khan under Section 394 read with Section 397 1. P C and the former has been sentenced to four years' rigorous imprisonment and the latter to seven years' rigorous imprisonment The sentences of imprisonment inflicted on the two appellants under the various counts have been directed to run concurrently The appellants have come up in appeal against their conviction and sentences and the learned Sessions Judge has made the usual reference for the confirmation of the sentence of death inflicted on each of the appellants on the charge of murder.

(2.) THE accusation against the appellants was that in the night of 9th and 10th of September. 1964 in furtherance of their common intention they committed the murder of one Panna Lal a grain merchant, misappropriated his 80 hags of grain of the value of Rs. . 5,700 and disposed of his dead body to screen themselves from legal punishment.

(3.) THE prosecution case in brief is as follows.