RAMJI LAL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Ramjilal, who has been convicted under sec. 302 of the Indian Penal Code by the learned Additional Sessions Judge, Gangapur, and sentenced to death. He has also been convicted under sec. 379 of the Indian Penal Code, and sentenced to undergo one year's rigorous imprisonment. The learned Additional Sessions Judge has also made a reference for confirmation of the sentence of death.

(2.) ONE Ram Sahai, aged about 25, was proceeding from his village Sanwata to Kundali to meet his father-in-law and to bring back his wife on the 30th of September, 1953. Ramjilal appellant was seen with Ram Sahai at village Gandal, and further on till they reached a canal, which was 1-1/2 furlongs from Kundali, by Kalu, P. W. 1, who went ahead to Kundali, and informed Dhinga, father-in-law of Ram Sahai, that his son-in-law was about to reach his village. As Ram Sahai never reached Kundali, Dhinga, Hazari, Kalu Chamar and Puniya, went to Sanwata, and asked Mooliya,p. W. 2, father of Ram Sahai, as to where Ram Sahai had gone. Mooliya said that he had left for Kundali. The party became anxious. It was about 4 A. M. and they began to make a search for Ram Sahai. His body was founds in a field of Juwar, near the place where he was last seen with Ramjilal appellant. Certain marks of injury were found on his body, and a report was made at Police Station Gangapur on the 1st of October, 1953, at 3-30 P. M. informing that Ram Sahai had been killed by some unknown person while he was on his way from Sanwata to Kundali. Investigations were carried out and the appellant was arrested on the 15th of October, 1953, at about 8. 30 A. M. The Sub-Inspector, Mr. Jagdish Prasad, P. W. 28, noticed in the evening that the clothes which Ramjilal was wearing had blood stains on them, and he took in his possession the rubber shoes, green shirt and knicker. These are Exs. 9, 10 and 11. He was lodged in the judicial lock up on the 17th October, on which date an identification parade was held,,, and various witnesses identified him to be the person who was seen with Ram Sahai while on his way from Sanwata to Kundali. On the 20th October the accused is alleged to have given information about selling two murkis to Ramjilal sharoff of Hindaun, P. W. 5 which was verified from P. W. 5 by the police and his account book disclosed purchase of gold murkis from Prabhu on 2nd October, 1953. P. W. 5 Ramjilal said that Prabhu was the name which the accused gave out to him. There was evidence that the deceased Ram Sahai while starting on his journey had a pair of murkis on his body, art J when the corpse was discovered it was noticed that those murkis had been snatched away from his ears. The murkis were not recovered as P. W. 5 Ramjilal said that they had been sold to someone. On the 21st October the accused is alleged to have given information about a gandasi Ex. 6, which was recovered on that date from the house of Mangal, father-in-low of Ramjilal in village Milak Sarai. 1 he Sub-Inspector sent Exs. 9, 10 and 11 and also the gandasi Ex. 6 to the Chemical Examiner who reported having found stains of human blood on these articles. The accused was committed to the Court of Sessions, after enquiry. The accused denied the charge and attributed his prosecution to enmity with one Narayan P. W. 16. The learned Additional Sessions Judge, after trial, held the accused guilty, and convicted him for having caused the murder of Ram Sahai and for stealing away his murkis. He was sentenced as aforesaid.