His defence was that be was living with his father in Burdwan and came back to the village on March 21,1961.
These statements to which Dobi Baksh P.W.3 deposed were number admissible in evidence.
There was numberresponse.
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, 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, It would appear from what we have stated above that the case against the appellant rested on the evidence relating to motive furnished by what happened, about a month and half before the occurrence when the appellant and his father asked for some land from the deceased, and the recovery of the.
Budhai, it appears, did number reside in village Gulariya all the year round, but was engaged in some job at Burdwan in Bengal.
Lal Bahadur Singh was examined as prosecution witness No.
The appellant then asked for and obtained special leave of this Court to appeal from the judgment and order of the High Court.
The Sub Inspector of Police was then in the village and he was informed of the presence of the appellant.
This was on the third day after the murder.
The information which Naiku gave did number disclose the name of any accused person because Naiku had number seen who had killed Bhagwan.
Appeal by special leave from the judgment and order dated September 12, 1961, of the Allahabad High Court Lucknow Bench at Lucknow in Criminal Appeal No.
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.
Learned companynsel for the appellant has taken us 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.
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.
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.
Bhagwan Ahir, step brother of the appellants father Budhai, was a resident of village Bandi in the district of Rae Bareli, The appellant and his father Budhai lived in another village called Gulariya at a distance of about two or three miles from Bandi.
He had numbermale issue, He had several daughters who were all married and resided at the places of their respective husbands.
The witness said that the appellant produced the articles from a tub on the eastern side of the house.
Bhagwan said that he would give his lands to his grand daughter Sarju.
He did give evidence about the production of blood stained articles from his house by the appellant.
Naiku called out certain other persons and went near the place where Bhagwan was lying on his company.
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 a dhoti.
The idea was that the appellant would be able to help Bhagwan with his cultivation.
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.
One Naiku P.W. 1 was sleeping at a short distance from Bhagwans house.
At about midnight Naiku heard some numberse and called out to Bhagwan.
They were incriminating statements made to a police officer and were hit by ss.25 and 26 of the Indian Evidence Act.
Shortly stated the case against the appellant was this.
Bhagwan, it appears, had some granddaughters and one of them called Kumari Sarju aged about five years was staying with him.
She was soundly sleeping on the company and was number awake when Bhagwan was killed.
Naiku was a neighbour of Bhagwan.
The appellant and his mother then went back to village Gulariya.
He denied that the clothes or the axe belonged to him.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
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.
The present appeal has companye to us in pursuance of the leave granted by this Court.
50 of 1962.
He, therefore, refused to give any land to the appellant.
Bhagwan had about four bighas of pasture land and seven bighas of cultivated land.
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.
Bhagwan was already dead.
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.
Wali Mohammad was number examined at all.
There were an appeal to the High Court and the usual reference for companyfirmation of the sentence of death.
He said that the case against him was brought out of enmity.
On the night between March 19 and 20 , 1961, Bhagwan was sleeping in front of his house on company with his grand daughter.
The appellant made certain enquiries from Brij lal which roused the latters suspicion.
It was found that Bhagwan bad a large number of injuries on the head and neck, most of the injuries being of an incised nature.
axe and blood stained shirt and dhoti from the house of the appellant.
Nuruddin Ahmed, for the appellant.
blood stained.
This witness said that a little before the recovery the Sub Inspector of Police took the appellant into custody and interrogated him then the a 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.
The little girl Sarju though stained with blood which flowed from the body of Bhagwan was number herself injured.
P. Lal, for the respondent.
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.
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 postmortem examination for cremation, the appellant, it is stated, came to one Brij lal W. 2 of village Bandi.
The Judgment of the Court was delivered by R. 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.
Bhagwan said that he had already kept the appellant with him for a year and had found that he was of numberassistance.
The High Court dealt with the appeal and reference by one judgment.
494 of 1961.
May 3.
C. Mathur and 0.
Naiku then heard the sound of shoes as though somebody was running away from the place.
It accepted the reference,, dismissed the appeal and companyfirmed the companyviction and sentence.
