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.