EMPEROR Vs. DHANI RAM

JUDGEMENT

(1.) Dhani Ram and Chote Lal have been found guilty of the murder of Durga Prasad and sentenced to death. They have appealed. The second accused is the son of the first accused. The deceased was the only son of Sobha Ram, a brother of the first accused. The first accused had another son called Salig who died childless leaving a widow Musammafc Deo Kuuwar. On the 16th of August, 1911, Durga Prasad made a will in favour of the second accused leaving him all his property. Beyond all question Durga Prasad was most brutally murdered. Dhani Ram in the court below admitted the murder and he admits it in his petition of appeal. Chote, however, denies his guilt. The case for the prosecution is that the motive for the murder was to anticipate the succession to Durga Prasad s property and to prevent him incurring more debts, mortgaging or dealing with his property or cancelling the will.

(2.) Their Lordships then proceeded to discuss the evidence against Dhani Ram.

(3.) We proceed to consider the case as against the second accused. It is improbable that the father would have committed the murder alone. If we are correct in the view we take of the motive, Chote had a greater motive than the father.