- (1.) One Ram Ghulam was resident of village Roshanpur Tikari, P.S. Khaga, in district Fateh-pur. He had three sons, Ram Narain, Mata Prasad and Mata Badal. Ram Narain the eldest is employed in cultivation in village Roshanpur. Mata Prasad is employed at Kanpur in the power house. The third son was a student in D. A. V. College at Kanpur in 1954. Ram Ghulam and Ram Narain along with other members of their family resided at Roshanpur. Besides the residential house he possessed a bagar also, two houses away in the same village, where his cattle etc. used to be tied. It was alleged that Ram Ghulam used to sleep during night in this bagar. As usual he went to sleep there on the night between 13th and 14th of August 1954 but did not return to his house in the morning of 14th August. Ram Narain went out in search of him but could not trace him out. Next it is said that the search by Ram Narain lasted for three days whereafter he went to Kanpur thinking that Ram Ghulam might have gone there to meet Mata Prasad and Mata Badal. He was not found at Kanpur and the three sons then returned to their village and started the search once again. During the search Ram Narain met Ram Charan Morai, one of the prosecution witnesses who gave the clue that he had met Nathu Gadaria, the appellant before us, near the river Sasur-khaderi which flows nearby. Nathu's clothes were wet and upon his accosting him he remained quiet and gave no reply. Ram Narain and his brother Mata Prasad then went towards the river and there they noticed after travelling about half a mile that a corpse was floating entangled in the branches of an overhanging Semar tree. The head and the forearms of the body were, however, missing and the stomach was in a torn condition, They nevertheless recognised the corpse to be of their father and took it out. After the above discovery Mata Badal lodged the first information report at police station Khaga at one in the afternoon of August 17, 1954. In this he recited the facts preceding the disappearance of his father from the house and the ultimate discovery of his corpse, as mentioned above from the river Sasur-khadri. He further stated that there was enmity between his father and Nathu, the appellant, in connection with the former's not allowing the latter to Irrigate his fields. Enmity was also pointed out with Dashrath Pasi who was one of the accused in this case but was acquitted by the Sessions Judge. He pointed his suspicion for the murder of his father on these two persons besides one Ram Phal who was alleged to be their companion.
(2.) The station officer, Khaga, took up the Investigation and ultimately sent up five persons namely, Nathu, Dasrath, Sheo Prasad, Thakur Din and Ram Phal on charges under Sections 302/34 and 201/34 I. P. C.
(3.) The prosecution allegation further is that Nathu, Dasrath and Sheo Prasad were arrested on 18-8-1954 by the station officer, who thereafter interrogated Sheo Prasad accused and he made a confession to the station officer which ultimately resulted in the discovery of a kulhari and also a khurpa, the instruments by which the alleged murder was committed, from his house where they were lying concealed. This discovery, the prosecution case was, had been done by Sheo Prasad himself after he had given the information in that behalf to the station officer. On interrogation Nathu accused also, it was alleged, made a confession and pointed out that he along with Dasrath and Sheo Prasad had kept the head and fore-arms of Ram Ghulam deceased concealed in the earth and later delivered them after digging to the station officer. Dasrath and Sheo Prasad similarly stated to the station officer about the concealing of the head and forearms. It is said that the three accused accompanied the station officer to a place, which was about half a mile from the spot where the trunk of the body was found, for taking out the head and the fore-aims. On reaching there Nathu accused dug out the head and the forearms of the deceased and handed over the same to the station officer.;