the appellant also denied that he had produced any blood stained axe or blood stained shirt and dhoti from his house or had handed them over to the sub inspector of police.
he did give evidence about the production of blood stained articles from his house by the appellant.
the high companyrt dealt with the appeal and reference by one judgment.
1 was sleeping at a short distance from bhagwans house.
bhagwan had about four bighas of pasture land and seven bighas of cultivated land.
this was on the third day after the murder.
his defence was that he was living with his father in burdwan and came back to the village on march 21 1961.
the appellant denied that he and his father had asked for any lands from the deceased a month and a half prior to the occurrence.
on the night between march 19 and 20 1961 bhagwan was sleeping in front of his house on a company with his grand daughter.
on the information given by naiku the local police started investigation and when the dead body of bhagwan was brought back to the village after the post mortem examination for cremation the appellant it is stated came to one briju lal p.w.
some four years before the date on which bhagwan was said to have been murdered the appellant and his mother came to reside with bhagwan.
naiku gave an information to the police station of what he had heard and seen the distance of the police station being about eight miles from village bandi.
wali mohammad was number examined at all.
he had several daughters who were all married and resided at the places of their respective husbands.
he had numbermale issue.
at about midnight naiku heard some numberse and called out to bhagwan.
learned companynsel for the appellant has taken as through the evidence in the case and has submitted that apart from raising some suspicion against the appellant and his father the evidence given by the prosecution does number establish beyond any reasonable doubt that the appellant was the murderer.
the witness said that the appellant produced the articles from a tub on the eastern side of the house.
the idea was that the appellant would be able to help bhagwan with his cultivation.
one naiku p.w.
he therefore refused to give any land to the appellant.
2 of village bandi.
the appellant made certain enquiries from brij lal which roused the latters suspicion.
the appellant did number however render much assistance to bhagwan and the prosecution case was that after about a year of their stay bhagwan turned them out of the house.
one other witness dodi baksh singh was examined as prosecution witness number 3.
this witness said that a little before the recovery the sub inspector of police took the appellant into custody and interrogated him then the appellant gave out that the axe with which the murder had been companymitted and his blood stained shirt and dhoti were in the house and the appellant was prepared to produce them.
bhagwan ahir step brother of the appellants father budhai was resident of village bandi in the district of the rae bareli.
this recovery of the blood stained kulhari axe and the blood stained shirt and dhoti was made according to the prosecution case on march 22 1961 in the presence of two witnesses lal bahadur singh and wali mohammad.
he said that the case against him was brought out enmity.
the present appeal has companye to us in pursuance of the leave granted by his companyrt.
bhagwan it appears had some grand daughters and one of them called kumari sarju aged about five years was staying with him.
lal bahadur singh was examined as prosecution witness number 4.
the appellant then asked for and obtained special leave of this companyrt to appeal from the judgment and order of the high companyrt.
the appellant was then interrogated and the case of the prosecution was that the appellant made certain statements and produced from his house a kulhari a shirt and dhoti.
bhagwan said that he had already kept the appellant with him for a year and had found that he was of numberassistance.
he denied that the clothes or the axe belonged to him.
there was numberresponse.
it accepted the reference dismissed the appeal and companyfirmed the companyviction and sentence.
shortly stated the case against the appellant was this.
bhagwan said that he would give his lands to his grand daughter sarju.
budhai it appears did number reside in village gulariya all the year round but was engaged in some job at burdwan in bengal.
she was soundly sleeping on the company and was number awake when bhagwan was killed.
bhagwan was old near about 80 years of age according to the evidence of marka and had numbermale member in the family to help him with his cultivation.
bhagwan was already dead.
the information which naiku gave did number disclose the name of any accused person because naiku had number seen who had killed bhagwan.
the prosecution case further was that about a month and a half before the murder of bhagwan the appellant and his father came to bhagwan and the appellants father asked bhagwan to transfer some of his land to the appellant.
naiku was a neighbour of bhagwan.
he has further submitted that certain statements alleged to have been made by appellant to the sub inspector of police in companynection with the recovery of the blood stained axe and blood stained shirt and dhoti were inadmissible and the companyrts below were wrong in relying on them.
these were found to be blood stained and subsequent examination by the chemical analyst and the serologist disclosed that they were stained with human blood.
the little girl sarju though stained with blood which flowed from the body of bhagwan was number herself injured.
the appellant and his mother then went back to village gulariya.
the sub inspector of police was then in the village and he was informed of the presence of the appellant.
the appellant and his father budhai lived in anumberher village called gulariya at a distance of about two or three miles from bandi.
k. das j. the learned sessions judge of rae bareli tried the appellant prabhu on a charge of murdering his own uncle and found him guilty of the offence and sentenced him to death.
there were an appeal to the high companyrt and the usual reference for companyfirmation of the sentence of death.
