NATHU Vs. STATE

JUDGEMENT

(1.) One Ram Ghulam was resident of village Roshanpur Tikari, P.S. Khaga, in district Fateh-pur. He had three sons, Ram Narain, Mata Prasad and Mata Badal. Ram Narain the eldest is employed in cultivation in village Roshanpur. Mata Prasad is employed at Kanpur in the power house. The third son was a student in D. A. V. College at Kanpur in 1954. Ram Ghulam and Ram Narain along with other members of their family resided at Roshanpur. Besides the residential house he possessed a bagar also, two houses away in the same village, where his cattle etc. used to be tied. It was alleged that Ram Ghulam used to sleep during night in this bagar.

(2.) The station officer, Khaga, took up the Investigation and ultimately sent up five persons namely, Nathu, Dasrath, Sheo Prasad, Thakur Din and Ram Phal on charges under Sections 302/34 and 201/34 I. P. C.

(3.) The prosecution allegation further is that Nathu, Dasrath and Sheo Prasad were arrested on 18-8-1954 by the station officer, who thereafter interrogated Sheo Prasad accused and he made a confession to the station officer which ultimately resulted in the discovery of a kulhari and also a khurpa, the instruments by which the alleged murder was committed, from his house where they were lying concealed.