Mitter, J. - (1.) This is an appeal by special leave from a judgment of the Allahabad High Court upholding the conviction of the appellant under Sections 302, 324 and 452, I. P. C. and the reference under Section 374, Criminal P. C. for confirmation of the death sentence passeed against the appellant.
(2.) The facts may be shortly stated as follows. The appellant is a cousin of one Het Ram, who had a wife by the name Smt. Ram Pyari. According to the prosecution case the appellant wanted to develop illicit connection with the said Ram Pyari which was resisted by her, she had complained about his advances to her husband who made a report against the appellant on December 31, 1963. The house of Het Ram is situate at a distance of about 40 paces from his shop on a road leading from the house to the shop. At about 10.30 p. m. on the night of 8th June, 1969 Ram Pyari was lying on a cot in her house with her two daughters one aged about 8 months who was on the same cot with her and the other aged about three years on a cot close by that of Ram Pyari. Hearing shrieks from the house several persons including Het Ram and two prosecution witnesses by the name of Ulfat Ram and Gaffar rushed to the house of Het Ram. The houses of the said prosecution witnesses were even closer to Het Ram's house than his shop. The first information report was lodged by Het Ram at 10-45 p. m. to the effect that the children had raised an alarm crying that Keshav Dev had thrown acid on them and that on hearing their alarm he from his shop. Lala Ulfat, Gaffar Dhobi Tulsi Ram Teli and Om Prakash Temoli rushed up. They saw Kashav Deo in the light of an electric bulb coming out of Het Ram's house and running. He was chased but could not be caught. Het Ram's wife and children had received serious burn injuries. The miscreant had left a bottle at the place of occurrence.
(3.) The evidence given by Het Ram before the Sessions Court was that he had heard the cry of his wife that Kesav Dev had killed her whereupon he immediately rushed to his house. He had seen Keshav Dev running away from the door of his house and recognised him in the light of an electric bulb. The evidence of Ulfat Ram was also to the effect that he had heard a voice from the side of the house of Het Ram saying "Keshav has killed me." When he entered the house along with Om Prakash Temoli, Tulsi and others they saw Het Ram's wife crying sitting on the cot and saying that Keshav had killed her. His shop was about 25 to 30 steps from the house of Het Ram. The prosecution witness Gaffar made a very similar statement. According to him the voice which he heard was quite intelligible and when they went inside they found Het Ram's wife speaking in a faltering voice.;