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1954 Supreme(SC) 28

N.H.BHAGWATI, T.L.VENKATARAMA AYYAR, B.JAGANNATHA DAS
Ram Bharosey – Appellant
Versus
State Of U. P. – Respondent


Advocates:
C.P.LAL, G.C.MATHUR

Judgment

VENKATARAMA AYYAR, J.: This is an appeal by special leave against the judgment of the High Court of Allahabad confirming the conviction of the appellant under Section 302, I.P.C. and the sentence of death passed on him by the Sessions Judge, Unnao. The charge against the appellant was that on the night of 26th May 1952 he murdered his father, Manna and his stepmother, Kailasha. There was no direct evidence connecting him with the offence. The only question is whether the circumstantial evidence in the case is sufficient to sustain the conviction.

2. The appellant had become divided from his father some four years prior to the occurrence, and was living, apart in another house separated from that of his father by a gonad. On the morning of the 27th May 1952 both Manna and Kailasha were found dead lying amidst blood with multiple injuries on their bodies. The matter was reported to the chaukidar, P.W. 1, who made the first information report, Exhibit P-1. Therein he stated:

"Bitter feeling existed between Manna and his son Ram Bharosey since long. I think that Ram Bharosey certainly has his hands in this murder."

The station officer, P.W. 18, went to the scene at about 7-30 a.m.


















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