STATE OF RAJASTHAN Vs. BHIWA RAM

JUDGEMENT

(1.) Accused Bhiwa Ram was tried by the learned Sessions Judge, Chuju for the offences under Sections 302, 307 and 458, Indian Penal Code. The learned Sessions Judge, by his judgment dated October 24, 1978, held the accused guilty and convicted him for the offence under Sections 302, 323 and 452, Indian Penal Code, acquitted him of the charge for the offence under Sections 307, Indian Penal Code. The accused was sentenced to death for the offence under Section 302 Indian Penal Code. In view of the death sentence the learned Sessions Judge did not award any sentence under Sections 323, and 452, Indian Penal Code.

(2.) The proceedings in the case were submitted to this Court for confirmation of the death sentence as required under Section 366, Code of Criminal Procedure. The learned Sessions Judge, at the time of pronouncement of the judgment, informed the accused that if he desires to file the appeal in the Hon'ble High Court, he may do so within a period of seven days.

(3.) Being aggrieved by that judgment, the accused has filed jail appeal. The learned Sessions Judge in his reference for confirmation of the sentence of death has written that he had satisfied himself that the prisoner has no funds to employ a counsel in the High Court, hence Shri O.C. Chatterjee was appointed Amicus Curiae for the accused.