Decided on June 05,1965

GHAZI Appellant
STATE Respondents


- (1.)THESE are two connected appeals arising out of a trial in which four persons, namely, Ghazi, Smt. Prabhawati, Shyam Kinker ana Smt. Anar Kali stood charged before the II Temporary Sessions Judge, Allahabad, under Section 302/34, I. P. C. for committing the murder of Deo Narain and also under Section 201/34, I. P. C. for causing the evidence of the said murder to disappear by concealing and covering the dead body of Deo Narain in a pit in the inner courtyard of the house of Smt. Prabhawati accused with the intention of screening themselves from legal punishment. Shyam Kinker and Smt. Anar Kali nave been acquitted of both the charges; Smt. Prabhawati has been acquitted of the charge under Section 302/34, I. P. C. but convicted under Section 201/34, I. P. C. and sentenced to seven years' rigorous imprisonment; while Ghazi has been convicted under Section 302, I. P. C. and sentenced to death. Ghazi has also been found guilty of an offence under Section 201/34, I. P. C. but no sentence has been passed against him for that offence. Appeal No. 2108 of 1964 is by Ghazi whereas appeal No. 2366 of 1964 is by Smt. Prabhawati. Along with the appeal of Ghazi we have before us the reference under Section 374, Cr, P. C. for confirmation of the sentence of death passed against him.
(2.)DEO Narain deceased was the son of one Nand Kishore Brahman of village Khanpur P. S. Meja, district Allahabad, who died about ten years ago. He was survived by his widow Smt. Prabhawati his two sons Deo Narain and Shyam Kinker, and his daughter Smt. Anar Kali. It would thus be seen that Smt. Prabhawati appellant is the mother of Deo Narain, and Shyam Kinker and Smt. Anar Kali the acquitted accused are respectively the brother and the sister of Deo Narain. Ghazi appellant is a Lohar by caste and is a resident of the same village, i. e. . Khanpur.
(3.)AT the time of his murder Deo Narain was about twenty eight years of age, and Shyam Kinker and Smt. Anar Kali were at that time about twenty two and twenty five years of age respectively. Deo Narain and Shyam Kinker were both unmarried, while Smt. Anar Kali had been married about ten years before to one Raja Ram of village Achhola and had two or three children. It should be mentioned here that one Sipahi Lal aged about eighteen years of village Aebhola who is said to be related to Raja Ram the husband or Smt. Anar Kali and who is said to have been living with Smt. Prabhawati and Shyam Kinker in village Khanpur for his studies, was also charge-sheeted by the police as an absconding accused, but he has not been tried as he happens to have remained absconding.

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