SANT RAM Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by one Sant Ram, aged 22, of village Droh in Kangra district against his conviction by the learned Sessions Judge, Sirmur, for offences punishable under Section s 302 and 392, I. P. C, and the sentences of transportation for life and five years' R. I. imposed upon him under the respective sections, the sentences running concurrently.

(2.) THE prosecution story, as found established by the learned Sessions Judge:, is as follows. The appellant came to Nalian in search of employment and casually met one Jiwanu. (P. W. 10). Jiwanu introduced him to his former' master Kr. Pratap Singh (P. W. 19), and the latter engaged the appellant. on 18 1 1952. Kr. Pratap Singh's wife was already away at Lucknow, and he himself left for Patiala on 19 1 1952. The only inmates of the house left after his departure were his child aged 11 years, a maid servant Mt. Sandla who looked after the child, a servant named Chambel Singh (P. W. 25) and the present appellant. Chambel Singh also went away on 21 1 1952 to attend a marriage. That night, i.e. on the night between the 21st and 22nd January 1952, the, appellant committed the murder of Mt. Sandla, and after breaking open a number of boxes he stole golden and silver ornaments and Rs. 6,300/ in currency notes. The murder was committed by tying a 'pashmina shawl and a muffler so tightly round the mouth and the neck of Mt. Sandla that, in the opinion of Dr. Nirmala Devichand (P. W. 27), death was caused by strangulation and the consequent asphyxia.

(3.) THE appellant was committed to Sessions on 15 5 1952 for the offences for which he was convicted as aforesaid by the learned Sessions Judge on 11 9 1952. There is no direct evidence and the conviction is based on the confession of the appellant and its corroboration in material particulars. I shall first deal with certain arguments of a legal and technical nature of the learned counsel for the appellant, for if some of those arguments are accepted much of the prosecution evidence would be eliminated and that which would be left would be too meagre to sustain the conviction for murder.