- (1.) This is a reference Under Section 874 of the Criminal P.C. from the Sessions Judge of Shahabad at Arrah for the confirma-tion of the sentence of death imposed upon . Hanuman Koeri, also known as Hanuman Singh, who is convicted for the offenoe of murder Under Section 302 of the Indian Penal Code. The oonvicted person, hereinafter referred to as the appellant, haa also preferred an appeal through a lawyer. The reference and the appeal have been heard together and they will be governed by this judgment.
(2.) The substance of the case against the appellant is that there wa3 an occurrence at about 3 a. m. between the night of Tuesday. Wednesday corresponding to the 5th/dth July, 1966, in village Jaitpura, within the jurisdiction of police station Ramgarh, in the district of Shahabad, in which he had caused the death of a co.villager, named Ramdeo Koeri.
(3.) The facts of the prosecution case are aa follows: On the night between the 5th 6th July, 1966, at about 10 p. m Ramdeo Koeri after taking his night meal went to keep watch over his Bajra field about 50 to 60 yards to the north of hia house. To the adjacent south of hia Bajra field was the field of one Naresh Koeri in whioh Janera was sown. Ramdeo slept on a khatia in the fieldjjf Naresh Koeri. and was alone. At about 3 a.m. in the night Mukhram Koeri of the same village, who has been examined as P.W. 3, and who has his house close by, woke up and went out for some necessary purpose. - He noticed a man standing near the- khatia of Ramdeo Koeri, He challenged him and the man that (was) standing there looked up at him, turned round and fired on Ramdeo. Mukhram raised alarm and the man threatened to kill him, saying " A o A o tohro ke joh te rahi," Mukhram identified the man who was the accused Hanuman, namely, this appellant. On hearing the Hullah, Anirudh Rai (P.W. 8) Ramchij Singh (P.W. 9) Banjhu Koeri (P.W. 4) Rajendra Rai (P.W. 7) and others came to the place. Hanuman thereafter went to hia house, which waa at a dis. tance of about 125 yards to the south west of the place of occurrence. He got on the roof of his house and started threatening those persons (the witnesses referred to above) not to go near the dead body otherwise they would alao be shot. He waa still holding the gun and by that time it had become dawn, though the night wa3 a moonlit night. Mukhram thereafter went to Surujnath Chaukidar and brought him to the place and directed him to keep watoh over the dead body. Soon after Mukhram accompanied by Sheopujan Rai (P.W. 2) and Anirudh Rai (P.W. 8) left for the police station which waa at a distance of 10 miles and on the statement of Mukh-ram first information report was recorded at 10 a. m. on the 6th July, 1968 by assistant Sub-Inspector of Police, Umakant Sharma (P.W. 11). Substantially, thig was the prosecution case given by Mukhram.;