KALLU Vs. STATE

JUDGEMENT

(1.) These are two appeals, the one by Kallu and the other by Maiku Lal, who have been convicted by the learned Additional Sessions Judge of Kanpur of offences under Secs. 302/34, 394 and 449, I.P.C. Each of them has been sentenced to death under Sec. 302/34 and to other terms of imprisonment under the other two counts. These two persons have appealed. Along with the appeal there is the usual reference by the learned Additional Sessions Judge for the confirmation of their death sentences.

(2.) The two appellants along with two others, Bankey Lal and Udho had been prosecuted for committing house trespass in the house of Mohan Lal Panda in Bangali Mohal in the city of Kanpur on the 22nd of Oct. 1958 at about 6 P.M. with a view to commit an offence of the murder of Mohan Lal; for committing robbery at his house and also for committing the murder of Mohan Lal by cutting his throat. The learned Additional Sessions Judge gave Bankey Lal the benefit of doubt and acquitted him. He held that Udho had been falsely implicated and acquitted him. Maiku Lal and Kallu have been convicted and sentenced in the manner stated above. Kallu appellant is a resident of village Jamaluddinpur in the district of Unnao. Maiku Lal appellant was originally a resident of Pakkapur in district Farrukhabad, but he later on went to reside in village Haiderabad in district Unnao. Udho lived in Bengali Mohal in the city of Kanpur within close proximity of the house of the deceased. He and the deceased had been Gangaputras and they carried on the profession of Pandas. Amongst the Pandas of Kanpur, there are two rival factions and these two persons belonged to opposite camps. Bankey Lal was a resident of village Danapur in district Hardoi.

(3.) Briefly stated the prosecution story was as follows : The deceased Mohan Lal who was aged about 70 or 75 years was a rich man. He lived in house No. 35|93 in Mohalla Bengali Mohal along with his brother-in-law Bramha Narain, Bramha Narain's wife, Bramha Narain's widowed sister and Bramha Narain's sister's son Bachchu Lal. The house has a gate and in that gate there is a window. It was described by the witness as a Khirki which provides a narrow passage about 11/4 cubits in width fitted with shutters and latch. On the day of the occurrence, namely, on the 17th Oct. 1958 all the inmates of the house left the house at about 5 P.M. to witness the Dashehra fair held on the parade ground in Kanpur leaving Mohan Lal at the house. It is said that Mohan Lal chained the gate and also the Khirki from inside when the persons aforesaid departed from the house to see the Mela. Bramha Narain returned to the house shortly after 6 P.M. with a view to light up the "chirag" before the family deity leaving the other members of the house on the Mela ground. Bramha Narain found the Khirki open. He went upstairs, entered into the Dehri adjoining the staircase and found Mohan Lal dead on the ground in a pool of blood with his throat cut. He raised shouts. There were three miscreants inside the house and they ran out; one of them had a blood-stained knife in his hand, another had a Jhola and the third was probably empty-handed. The person who was empty-handed gave Bramha Narain a push and all the three escaped. Bramha Narain was able to see the miscreants in the light of a lantern that was burning in the Dehri where Mohan Lal was found dead. Bramha Narain followed the miscreants and the shouts that were raised by him attracted the people who were nearby who also joined in the chase. It was said that Kallu appellant who was the last in the race amongst the miscreants was given a lathi hit by Premi (P.W. 18) and he was secured by him as also by Suraj Prasad, Subedar Singh and others who were in the chase. A Jhola was recovered from him containing 8 silver Lachchhas, a silver Kardhani, currency notes of the value of Rs. 198/-, certain quantity of coins of small denomination, a new Sari, a used Angauchha and certain other petty articles. Two of the men who had owed were said to have gone with cash and ornaments worth about Rs. 1,000.00 It was further said that Sub-Inspector Babu Ram of police station Chauki Gills Bazar was on duty and he also arrived at the place a few minutes after the arrest of Kallu. Kallu was taken to the Kotwali by Bramha Narain and others and by the Sub-Inspector, where a report was lodged by Bramha Narain on the same evening at 6-40 P.M. In that first information report it was stated that on that date between 3-4 P.M. Bramha Narain had seen the three miscreants, stated above, at the house of Udho Panda talking to him thereby suggesting that Udho was also in league with the three others in the commission of this crime.