KALU KACHRU KEER Vs. STATE OF M.P.

JUDGEMENT

(1.) ACCUSED Kalu s/o Kachru Keer of Metwas was convicted by the Sessions Judge, Ujjain under Section 302 of the Indian Penal Code and was sentenced to death. The accused has preferred appeal against his conviction. The proceedings for confirmation of the sentence of death have also been placed before us for consideration. Both the appeal as well as the proceedings for confirmation of the death sentence are being considered together and disposed of by this judgment.

(2.) THE facts of the case as alleged by the prosecution may be briefly stated as under:

(3.) THE first information report was lodged at the Police Station, Nagda at 2 -30 a.m. the same night by Madhosingh, who along with several other persons of the village including Laxmikant, Motiram, Dewa, Lalsingh had taken the injured Ratansingh to the police station on a cot. The police sent him to the hospital for treatment. He however died in the hospital on 12 -10 -1958 at 8 a.m. Head Constable Bhagwatsingh went to the spot. He commenced investigation into the matter. A stick was found on the roof of Sajanbai's house. This it was believed must have been used for climbing up the roof. The accused was not to be seen anywhere in the village. He was arrested later on 18 -10 -1958 on the information given by one Hiralal, the uncle of Kalu of Khalkhala, which was at a distance of 40 miles from Metwas. The accused was said to have gone there and had asked Hiralal to bring money from home. After the arrest of Kalu he was brought to Metwas. On the information given by him on 23 -10 -1958 a sword was recovered from the bushes near the house of his relation Nathu.