HARI RAM Vs. STATE

JUDGEMENT

(1.) THE appellant, Hari Ram has been convicted by the learned Sessions Judge. Udhampur under Sections 302 and 380 R. P. C. and sentenced to death for the first offence and to rigorous imprisonment for two years for the second offence. by this appeal the appellant challenges his conviction as also the sentence imposed on him. Alongside the learned Sessions Judge has made a reference for confirmation of the death sentence. This Judgment will govern the disposal of both the appeal and the reference.

(2.) BRIEFLY stated. the prosecution story is that Mst. Jamna was the legally wedded wife of one. Jagat Ram whom she deserted in the year 1947 and ever since lived as a concubine with one, Lal Singh. Lambardar who had no wife of his own nor any issue. So living Mst. Jamna also contacted illicit connections with the appellant and in concert with him murdered Lai Singh on the night intervening 28/29 October. 1969. by inflicting fatal injuries on him with a khokhari while he was sleeping on a cot in his house. The murder of Lai Singh having been accomplished. Mst Jamna collected all the valuables including ornaments and cash lying in the house in a bid to elope with the appellant. Suspecting her fidelity the appellant, as the story goes, turned round and inflicted iniuries on her with a khokhari and an axe which but an end to her and thereafter dumped the dead bodies under a heap of grass and left the house with the valuables. as aforesaid. The dead bodies were discovered on the next day in the evening by Kaka Ram. Sita Ram. Shanker Dass and Vijay Singh who raised an alarm which attracted the peodle of the village to the spot and thereafter a report EXP. A of the occurrence was made by Kaka Ram with the police concerned. Upon the investigation and committal proceedings which followed the appellant was sent up for trial under Sections 302/380 R. P. C. which resulted in his conviction and sentence. as aforesaid.

(3.) THERE is no eve witness of the occurrence. The case rests entirely on circumstantial evidence and the circumstances relied upon by the prosecution are these: