Decided on January 11,1965

KANHAI Appellant
STATE Respondents


Tripathi, J. - (1.)APPELLANT Kanhai has been convicted by the Additional Sessions Judge, Farrukhabad, of offences under Sections 457 & 302 I. P. C. and has been sentenced to two years' rigorous imprisonment under the first count and to suffer death on the charge of murder. He has come up in appeal against his conviction and sentences and the learned Sessions Judge has made the usual reference for the confirmation of the sentence of death inflicted on the appellant.
(2.)THE accusation against the appellant was that during the night intervening 3rd and 4th of September. 1965, at about 2 A.M. in order to commit theft he committed house breaking of Pyare Bhurji's house in village Ghamaich Mau, police station Kannauj, district Farrukhabad and near the aforesaid house committed murders of Phool Chand and Sri Krishna by striking at them repeatedly with a Kanta THE learned Sessions Judge was of opinion that the case of the prosecution relating to the murder of Phool Chandra has not been established against the appellant. Accordingly he acquitted him of that charge but found the charge under Section 302 I. P. C. in respect of the murder of Sri Krishna established against the appellant and convicted and sentenced him as has been stated above.
The prosecution story lies in a narrow compass.

Appellant Kanhai and Sri Krishna deceased resided in village Ferozpur Taran within the jurisdiction of police station Kannauj Phool Chand, resident of another neighbouring village, was a cousin of Sri Krishna. On the night of occurrence they went with avowed object of committing theft in the house of one Pyare Bhurji in the neighbouring village, of Ghamaich Mau. Appellant Kanhai made a hole in a wall of the house but none of them dared to enter it as they suspected that some of the householders were still awake. They receded back to the bank of a tank which lay close to the house and waited for the inmates to go to sleep At about 2 A M appellant Kanhai asked his companions to come with him to effect their entry in the house Sri Krishna and Phool Chandra had by that time changed their minds and refused to accompany him.

(3.)ON their refusal appellant got terribly annoyed and attacked Sri Krishna from behind with a Kanta. Sri Krishna fell on the ground and cried for help. Phool Chandra who was taken aback by this sudden tragedy ran for his. life He too was, however, overtaken by the appellant and done to death at the spot. The cries raised by Sri Krishna attracted the notice of a number of villagers who ran to the spot. ONe of them Mohammad Haneef flashed his torch and saw the appellant standing with a blood stained Kanta in his hand by the side, of fallen Phool Chandra. Appellant, however, made his escape good on their arrival near him. Sri Krishna who was still alive narrated his tale of woe to Ayub Khan (P W 1) who dictated a birsi information report on its basis and handed over the same at police station Kannauj six miles away during the same night at 3 A. M. In this report he gave the version of the occurrence as he had learnt from Sri Krishna in his own words on the basis of which a case was registered and investigation followed.
Sub Inspector Ram Ji Lal (P. W. 8) reached the scene of occurrence at about 4 A. M. and found Sri Krishna lying injured near the bank of the village tank. He im mediately recorded his statement Exhibit Ka-7. He also noticed the dead body of Phool Chandra lying at a distance of about 35 paces to the south of Sri Krishna. He held inquest on it and sent it for post mortem examination. He found blood spilt on the ground near the dead body of Phool Chandra and obtained sample of the blood stained earth in a sealed container. Sri Krishna was sent for medical treatment to Sadar. Some of the villagers were interrogated and the appellant was searched for but he was not available.


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