RAM PARKASH Vs. STATE

JUDGEMENT

(1.) Ram Parkash has been found guilty by the learned Additional Sessions Judge, Ferozepore, for having killed his father Daulat Ram on the 21st of September, 1949, at Zira. He has been sentenced to transportation for life with a recommendation that Government should consider his case under the provisions of section 401, Criminal Procedure Code. He had appealed through jail.

(2.) There is no doubt about the fact of the case and they are indeed admitted by the appellant himself.

(3.) The occurrence took place at 9-80 in the evening of the 21st of September, 1949, and the information of the occurrence was reported at the Police Station which is in Zira itself at 9-45 p.m. by Balwant Singh. Balwant Singh stated that he was lying on the roof of his residential house after taking his evening meals when he heard a noise in the direction of the house of Daulat Ram, his neighbour, from where it was being said, "Parkash has killed me, rescue me." Then he heard a strike. He got up and got down the roof of his house and came into the lane towards the house of Daulat Ram. The outer doors of the house were found closed and on his calling upon the inmates to open the doors Ram Parkash refused to open them. When an enquiry was made about Daulat Ram, Ram Parkash kept quiet. A number of persons collected there. Ram Parkash could be seen walking on the roof of the house with a ghotna in the light of a gas lamp from the lane, but he refused to open the doors. Balwant Singh told the Police that there appeared to be no one in the house except Ram Parkash who finding an opportunity had done his father House Office at the time proceeded to the house which was at a distance of a furlong from the Police Station. He found the door of the house locked from inside and a number of people standing in the lane. A ladder was sent for and by the held of the ladder he got on to the roof of the house and unchained the door from inside. He found Daulat Ram lying dead on a charpoy. The accused was sitting near the charpoy of the deceased. Shiv Singh took possession of the ghotna which was lying dead on a charpoy. The accused was wearing a kaccha which was blood stained.