G.D.Sahgal, J. - (1.) Ram Din appellant (45 years) has been convicted of an offence Under Section 302 read with Section 34 of the Indian Penal Code by the IV Movable Civil and Sessions Judge, Gonda, and also of an offence Under Section 201 of the Indian Penal Code. While he has been sentenced to death for the offence Under Section 302 read with Section 34 of the Indian Penal Code, he has been sentenced to five years' rigorous imprisonment for the offence Under Section 201 of the Indian Penal Code. Along with the appeal that he has made we have before us the reference also Under Section 374 of the Code of Criminal Procedure for the confirmation of the death sentence. The appeal originally was filed from jail but later on the appellant was represented by Counsel.
(2.) According to the prosecution case. Ham Bachan deceased was the son-in-law of Ram Din appellant having been married to his daughter Smt. Bachchi. He belonged to village Amkolwa, hamlet of village Patna, Police Station Payagpur, district Bahraich, while Ram Din belonged to village Kamrawan, Police Station Itiathow in the district of Gonda. The name of Ram Bachan's father is Swami Dayal who is P. W. 2. About eight days before the Holi this year, Ram Din came to village Amkolwa to take his daughter along with him to his house in connection with the Holi festival as she had been residing at that time with her husband. Ram Bachan deceased was not willing to let her go. There was an altercation between him and Ram Din and Ram Bachan, catching hold of his neck even pushed him aside. Some villagers intervened in the matter and at their intervention Ram Bachan was persuaded to allow his wife to go with her father on a promise being made by Ram Din that he had no objection to his daughter being sent back the next day after the Holi to the house of her husband. Thus he took along with him his daughter to his own house from the house of her husband.
(3.) On the day of the Holi, Swami Dayal (P. W. 2) came to the house of Ram Din to take his daughter-in-law as had been promised by Ram Din. Ram Din refused to send his daughter along with Swami Dayal saying that he had been insulted by Ram Bachan and unless he had taken revenge, he would not be satisfied. Swami Dayal thus went back home and narrated what had taken place, to his son Ram Bachan. Ram Bachan himself proceeded that very day to the house of his father-in-law to bring back his wife. He did not return for three or four days. Swami Dayal then came in search of him to the house of Ram Din. When he asked Ram Din about his son, he was told that he had not been there. Ram Din resides in Chamaran ka purwa which is a hamlet of village Kamrawan. After being told that his son had not come there Swami Dayal went to another hamlet of the same village, namely, Ahiran ka purwa where he met Parmeshwari Ahir (P, W. 4). The former told him that he had come in search of his son but Ram Din had told him that he had not come there. Upon this Parmeshwari gave information to him that he had seen Ram Bachan on the next day of Holi in the house of Ram Din. Swami Dayal began to suspect the bona fides of Ram Din. He proceeded to the house of the village pradhan Sitla Prasad (P. W. 6) and narrated the whole story to him. Badri Prasad (P. W. 5) an ex-Mukhia was also present at that time. The village pradhan sent Ram Baran (P. W. 9) to bring Ram Din to his house. Ram Din arrived when Swami Dayal was sitting there. On the arrival of Ram Din, Badri Prasad, the ex Mukhia, and Sitla Prasad began enquiring from him how it was that he was denying the arrival of Ram Bachan to his house when Parmeshwari had seen him at his house. After thinking and pondering over for sometime, Ram Din told them that he had murdered Ram Bachan with the help of his sons Amar Nath and Dularey and after killing him he had thrown him in Birni nala and that he had buried the trunk and the head at different places in Baghnakha nala. The chaukidar was then sent for. On the arrival of, the chaukidar the story was narrated to him. The chaukidar tied Ram Din with his turban and proceeded for the thana. Swami Dayal also accompanied him at the police station. Swami Dayal dictated a report on the 15th of March at 11.30 in the day wherein all these facts were narrated, the information report being Ex. ka-3.;