Judgement

IMAM, J. : The appellant was sentenced to death for the murder of one ram Dularey. He was also sentenced to seven years rigorous imprisonment for having robbed the murdered man of his goods. He was tried along with two other persons, who were acquitted, by the Session Judge of Bahraich. All the four assessors, who attended the trial, were of the opinion that the appellant was guilty. The High Court of Allahabad affirmed the conviction and the sentence and this appeal is by special leave.

2. Certain facts have been proved beyond all doubt. Indeed, the most important of them are admitted by the appellant in his statement under S. 342, Criminal p. C. when examined in the Court of Session. It has been established by the evidence in the case that the deceased Ram Dularey, a shop-keeper of Jarwal, had gone to Lucknow to purchase goods for the shop.On his return journey, he got down from the train at Jarwal Road Station on 402 2-7-1954, at about 9.30 P. M. He had with him articles consisting of a box, a balti, a gunny bag, jholas and other things. Shortly thereafter, he engaged the appellant s cart to take him and his goods to his village. Two other persons also got on the cart. The appellant was driving the cart. Neither the deceased nor the articles, which were with him, nor the cart ever reached Jarwal.

In the morning, Ram Dularey s body was found near a bridge in close vicinity of Jarwal. Information was sent to the police who commence investigation and their enquiries led them to the appellant, who was arrested on 6-7-1954. The appellant gave the key of his kothri to the police with which it was opened. From the kothri numerous articles were recovered, including a big knife Ex. 20 with blood-stains, a dhoti Ex. 3, a box Ex. 9, a balti Ex. 1 a chadar Ex. 2, a gunny bag Ex. 13 and a jhola Ex. 24.

It is not necessary to give the details of the other articles recovered. The knife was sent to the Chemical Examiner along with the dhoti. Although minute blood-stains were detected on the knife, they were not sufficient to enable a comparison in a blood group test. No blood was discovered on the dhoti. The dhoti Ex. 3 the box Ex. 9, the balti Ex. 1, the chadar Ex. 2, the gunny bag, Ex. 13 and the jhola Ex. 24 have been identified as belonging to the deceased ram Dularey.

3. When examined under S. 342, Criminal P. C. by the Session Judge, the appellant stated that the deceased Ram Dularey had asked him to take his goods in his cart and it was agreed that Rs. 2 would be paid as the fare. The appellant took the deceased on his cart with his goods including the box Ex. 9. Two other men were also in the cart who got down at the Sugar Mill gate at the Railway Station. At the Raduayan Bridge three men inquired if Ram Dularey was in the cart.

Ram Dularey responded and got down from the cart asking the appellant to halt his cart at Jarwal Bazar Bridge, where he waited for the deceased until 4 A. M., but the deceased did not turn up. As the appellant did not know the house of the deceased in Jarwal Bazar, he took the dead man s goods in his cart to his own house as his buffaloes were very hungry.

To the question as to whether any article of the deceased was recovered form his house by the police, the appellant stated that he handed over to the police all the property of the deceased which he had locked in the kothri. He asserted that he had told the people in his village as well as the Mukhia that he would hand over the property to its owner when he came to take it. Concerning the knife, he disowned its ownership and could not say how it came to be found in his house. So far as the dhoti Ex. 3, is concerned, the appellant claimed it as his.

4. On behalf of the appellant, it was urged that the evidence in the case was insufficient to establish any of charges framed against him. In the alternative it was suggested, that as the co-accused of the appellant had been acquitted the latter could not be convicted of the offence of murder by the applicat