NATHU RAM Vs. STATE

JUDGEMENT

(1.) THE appellant, Nathu, has been convicted of murder by the learned Sessions Judge and baa been sentenced to death. He has also been found guilty under Section 450, Penal Code, and sentenced to four years' rigorous imprisonment. He has, further, been found guilty under Section 394, Penal Code, and sentenced to the sama terms of rigorous imprisonment. The sentences, under Sections 450 and 394, Penal Code, have been directed to run concurrently.

(2.) THE appellant No. 2, Padam Pal, has been convicted under Section 450, Penal Oode, and sentenced to four years rigorous imprisonment. He bas also been found guilty under Section 397, Penal Code, and has been sentenced to seven years rigorous imprisonment. The sentences are directed to run concurrently.

(3.) SIS Ram, the deceased, was staying with his wife, Mt. Debku, P. W. 1, in his "Dochi" (farm house), about a mile and a half from his residence in village Basal, in the State of Baghat on the evening of 5 3 1947. He had just finished his meal when his dog barbed. His wife went out to see who was there. She did not see any one in the dark, and returned to tbe kitchen, but was closely followed by three accused persons, with cloths wrapped across the face to conceal their identity. It is alleged that appellant 3, Ganga Bam, caught hold of the hands of Mt. Debku and Padam Pal, appellant 2 tore off earrings from her ear lobes, causing them to bleed. Then, three of them caught Sis Ram, deceased, throwing Mt. Debku on the ground. They commenced to beat both the husband and wife and threatened them with pocket knives. They took Sia Ram and his wife to the adjoining room and with the keys, which were offered to them by Mt. Debku, opened the boxes. Mt. Debku had, on her person, Rs. 11 10 0 (Rupeea eleven and annas ten) only, which the accused persons took away from her. The boxes were opened and clothes scattered oa the floor but as no jewellery or ornaments were found, the appellants again used threats and violence. Upon this, Sis Bam, deceased, told them that the valuables were in their residential house in village Basal, and as this was their farm house, they did not being any gold or silver with them. The robbers held a consultation and it was decided that two of them, Padam Pal and Ganga Bam, appellants 2 and 3, should accompany Mt. Debku, P. W. 1, to the village and obtain the valuables, meanwhile her husband Sis Bam, having to remain behind as a "hostage" in charge of appellant l, Nathu Ram.