RUSTAM ALI Vs. STATE

JUDGEMENT

(1.) This is an appeal by Rustam Ali who has been convicted under Section 302, I.P.C. for the murder of Om Prakash, son of Dhani Ram, aged about" four years, and sentenced to death; and who has also been convicted under Section 307 for a brutal attack on Sarju Prasad with the intention of killing him and has been sentenced to three years' rigorous imprisonment. Along with the appeal there is a reference by the learned Sessions Judge for the confirmation of the death sentence.

(2.) The appellant was employed in the Cooper Alien Mills at Kanpur and he was occupying one of the quarters in a settlement meant for the labouring classes known as the Allenganj Settlement. On 25-4-1957 when most of the menfolk residing there had gone away to the Mills to attend to their duties the appellant, it is said, came out of his quarters at about 7 A.M. armed with a Gandasa. It is said that Sarju Prasad P.W. 2 who was living with his brother in the Allenganj Settlement was sitting on his bed in front of his house when Rustam Ali came and struck him from behind with the Gandasa. Sarju Prasad tried to struggle for his safety but he was given several blows with the Gandasa in the meantime. Rustam Ali then ran away towards the north leaving Sarju Prasad there. It is further said that Om Prakash the son of Dhani Ram who was sitting on a cot in front of quarter No. 40/15 of his father was given Gandasa blow by Rustam Ali who thereafter ran away further north. After Rustam Ali had assaulted several other boys he was returning to his own quarter when he was overpowered and arrested with the blood-stained Gandasa in his hand by several persons of the locality inclusive of Mushtaq Ali P.W. 1. During the process of arrest, and subsequently as well, injuries had been inflicted on Rustam Ali by the persons who had assembled there out of natural revolt engendered by the enormity of the crime committed by him. The emergency squad of the police was in the meantime informed by some one. Rustam Ali was handed over to the police and was taken to the hospital where he was attended to for his injuries.

(3.) The report of the occurrence was made at the police station by Mustaq Ali at 7-35 A.M. Mus-taq Ali is also employed in the Cooper Alien Mills and he had rushed to the place of occurrence on hearing the alarm of the people who had taken part in overpowering the accused. After the report was made the investigation of the case was taken up by Sub-Inspector Mohammad Sultan, the Second Officer of police station Nawabganj at the instance of Sub-Inspector Chandrapal Singh the Station Officer of that place.