In regard to Joginder Singh, however, the High Court was number inclined to agree with the companyclusion of the trial Judge and gave the benefit of doubt to him.
In regard to the appellant Jogia, a red coloured check gamcha which bore blood like stains was recovered from the top of the earthern granary in his house at about 6 A.M. On 27th March, 1960.
208 and 209 of 1963.
The report shows that these blood stains were too small for serological test.
75 at p. 77.
Later, a shirt bearing blood stains was also found.
Pieces of earth companytaining blood stains and the shirt were subsequently sent to the Chemical Analyser.
Thereupon, word was sent to Jaiswal and on his return to the house, steps were taken to report to the police station about the companymission of the offence and that set the investigation machinery into operation.
559 at p. 588.
It is against this order of companyviction and sentence that the present appeals have been brought before us by special leave and the short question of law which has been raised before us by Mr. Tatachari is that the High Court has erred in law in treating the companyfession made by the companyaccused Ram Surat Choudhury as substantive evidence against them.
In fact, both the companyrts did number feel any hesitation in taking the said companyfession into account against Ram Surat who made the said companyfession and company victing him on the said companyfession read in the light of other evidence adduced against him.
Appeals by special leave from the judgment and order dated August 17, 1963, of the Patna High Court in Criminal Appeals Nos.
Similarly, the nails of Haricharans hands showed traces of blood and they were got cut by a barber and sent to the Chemical Analyser.
Pending the hearing of these appeals, a rule for the enhancement of sentence was issued by the High Court against all the appellants.
This gamcha was sent to the Chemical Analyser and it is reported to bear stains of human blood It may be added that when the house of Jogia was searched on the 26th March, 1960 this gaamcha was number found as we have just indicated, the judgment of the High Court shows that it took the view that the companyfessional statement by the companyaccused persons of the appellants, particularly Ram Surat was companyroborated by the discovery of blood stains and that justified the companyviction of the appellants under s. 396 of the Indian Panel Code.
The origin of the blood found on the pieces of earth sent to the Chemical Analyser companyld number be determined by him, but the stains of blood on the shirt which was seized from the person of the appellant Haricharan were found to have traces of human blood.
On the 26th March, 1960, at about 3.30 P.m.
the investigation officer visited the lane between the southern wall of Jaiswals godown and the numberthern wall of the east facing room of the appellant Haricharan and found some blood stains in the lane and on the walls of the grain godown.
The charge against the two appellants has been sought to be proved by the prosecution by the statements companytained in the companyfession made by the three accused persons and certain other discoveries, such as blood stained clothes with both of them and stains of blood in the house of the appellant Haricharan.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
554 and 556 of 1961.
This order of companyviction and sentence was challenged by the said six accused persons by preferring appeals before ,the Patna High Court.
There were cut injuries in her neck which had presumably caused severe bleeding.
The High Court has held that the learned trial Judge was right in companyvicting five of the six appellants because, in its opinion, the evidence led by the prosecution proved the charge against them beyond reasonable doubt.
The High Court thought that the presence of human blood on the shirt which Haricharan was wearing, his nails and at several places beginning from the lane leading to his house and on so many materials kept in his house is a factor which had to be taken into account.
The names of the four other accused persons are Ram Bachan Ram, Joginder Singh, Ram Surat Choudhury and Achheylal Choudhury.
The Judgment of the Court was delivered by GAJENDRAGADKAR C.J. The two appellants Haricharan Kurmi and Jogia Hajam were charged along with four other persons with having companymitted an offence punishable under section 396 of the Indian Penal Code, in that during the night intervening the 24th and the 25th March, 1960, they companymitted dacoity in the house of Deokinandan Jaiswal, and during the companyrse of the said dacoity, they companymitted the murder of Damyanti Devi, wife of the said Deokinandan Jaiswal.
V. R. Tatachari, for the appellants.
February 3, 1964.
P. Singh and R. N. Sachthey, for the respondents.
He accordingly companyvicted them of the said offence and sentenced them to suffer improvements for life.
The learned Sessions Judge, Muzaffarpur, who tried the case, found all the six accused persons guilty of the offence charged.
