Judgment

JAFER IMAM, J. : The appellant was sentenced to death for the murder of Daya Ram by shooting him with a country made pistol. He was also convicted for being in possession of an unlicensed fire-arm under the Arms Act for which offence he was sentenced to two years rigorous imprisonment. He appealed to the High Court of Allahabad, but his appeal was dismissed and the conviction and sentence was affirmed. Against the decision of the Allahabad High Court the appellant obtained special leave to appeal to this Court.

2. According to the prosecution, the occurrence took place at about midnight of 4-7-1954, when Daya Ram was sleeping on a cot on a platform. Near him were sleeping Gokul, Doongar and Jai Sigh, while two women Ratto and Bhuri slept in a room to the north of the platform and adjoining it. The report of the shot fired woke up these people. According to them, they saw the appellant running towards the east. He was accompanied by three others who were armed with lathis. Daya Ram died almost instantaneously as the result of the injuries on his chest and stomach from where pellets were recovered at the time of the post mortem examination. Daya Ram had been short from a clos