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1957 Supreme(All) 240

H.P.ASTHANA, J.K.TANDON
NATHU – Appellant
Versus
STATE – Respondent


Advocates Appeared:
C.B.MISHRA, J.RATHORE

TANDON, J.

( 1 ) ONE Ram Ghulam was resident of village Roshanpur Tikari, P. S. Khaga, in district Fateh-pur. He had three sons, Ram Narain, Mata Prasad and Mata Badal. Ram Narain the eldest is employed in cultivation in village Roshanpur. Mata Prasad is employed at Kanpur in the power house. The third son was a student in D. A. V. College at Kanpur in 1954. Ram Ghulam and ram Narain along with other members of their family resided at Roshanpur. Besides the residential house he possessed a bagar also, two houses away in the same village, where his cattle etc. used to be tied. It was alleged that Ram Ghulam used to sleep during night in this bagar. As usual he went to sleep there on the night between 13th and 14th of August 1954 but did not return to his house in the morning of 14th August. Ram Narain went out in search of him but could not trace him out. Next it is said that the search by Ram Narain lasted for three days whereafter he went to Kanpur thinking that Ram Ghulam might have gone there to meet Mata prasad and Mata Badal. He was not found at Kanpur and the three sons then returned to their village and started the search once again. During the search Ram Narain met Ram Char










































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