RAM DIN Vs. EMPEROR

JUDGEMENT

(1.) The appellant, Ram Dinalias Ram Adhin Brahman was convicted under Section 302, Indian Penal Code, and Section 449, Indian Penal Code. Under Section 302, Indian Penal Code, he was sentenced to death and under Section 449, Indian Penal Code, he was sentenced to four years rigorous imprisonment. He has made an appeal to this Court. There is the usual reference by the learned Sessions Judge for the confirmation of the sentence of death passed upon the appellant.

(2.) In the village of Bhunna, in the district of Farrukhabad, there lived an old woman Mt. Sumitra Devi aged 56, widow of Ganga Narain who was a Sub- Assistant Surgeon and is said to have left considerable property. It appears, that Mt. Sumitra had been a widow for a number of years and was living all by herself at her house and was attending to her domestic duties unaided.

(3.) On the morning of 16 April 1946, it was discovered that the house in which Ganga Narain's widow lived remained unopened and her buffalo was bellowing inside the house. Some of the villagers went to the house to see why she had not, as usual, tethered her buffalo outside her house in the morning. They were Shankar Sahai Brahman, Sarju Prasad and Kailash Nath Brahman. They went to the house and when they opened the door they found Mt. Sumitra lying murdered on a cot in her tindwari and near her was lying a gandasa as also a lock and a bunch of keys, these two articles were lying on her cot.