25/ to Om Prakash by way of advance.
He also admitted that Ram Kumar agreed to purchase the motor cycle from Babu Khan and Om Prakash, that a sum of Rs.
Shiv Kumar went back to Moradnagar for catching a bus to Kanpur.
1000/but the deceased was short of money by about Rs.
According to medical evidence the stab injuries were caused with a pointed, sharp edged weapon ,while the other injuries were caused by a hard, blunt substance.
25/ was given to Om Prakash by way of advance, that he, the appellant, was asked by Ram Kumar to raise some money from his Ustad to make up the price of the motor cycle and that during his absence, Om Prakash and Babu khan had companye to the hotel but had, left before he reached the hotel.
The appellant admitted that he was on friendly terms with Ram Kumar and that they had gone to Delhi for purchasing a motor cycle.
Appeal by Special Leave from the Judgment and Order dated the 23rd October, 1969 of the Delhi High Court in Criminal Appeal No.
At about 7 15 p.m. on April 15, 1968 Ram Kumar and the appellant booked a room at Hindustan Hotel, Ballimaran, Delhi.
3 of 1969 Harjinder Singh and S. Sodhi, for the appellant Das and R. N. Sachthey, for the respondent The Judgment of the Court was delivered by CHANDRACHUD, J. This appeal by special leave is directed against a judgment of the High Court of Delhi companyfirming the companyviction of the appellant under section 302 of the Penal Code but reducing the sentence of death imposed on him by the learned Additional Sessions Judge, Delhi to life imprisonment.
Babu Khan and Om Prakash waited till about 9 30 p.m. but the appellant did number turn up and so they went away with the motor cycle.
Soon after the discovery of Ram Kumars dead body Lal Chand lodged the First Information Report at the Lahori Gate police station stating that two, persons who had entered their names as Nasim Mahazroo and Ram Kumar occupied a room in his hotel on April 15, that he had seen them entering the room at about 10 30 p.m. of the night between 17th and 18th April and that the younger of the two namely Nasim, the appellant had locked the room at about 10 a.m. on the 18th and had number returned since then.
400/ 6 that on the evening of the 17th Babu Khan and Om Prakash went to the hotel to deliver the motorcycle when the deceased told them that the appellant had gone to bring the money from his Ustad.
On the 16th they were admittedly together and while in search of a motor cycle they met Abdul Hafeez, Babu Khan and Om Prakash.
On April 20th, the hotel premises were full of a foul smell and thereupon the lock of the room which was occupied by Ram Kumar and the appellant was broken open.
On a search of that house an attache case companytaining clothes, a spanner set, an allenkey set and a companynecting, rod are said to have been recovered.
They signed their names in the hotel register and entered therein their Kanpur address.
251 by way of advance and the sellers agreed to ,deliver the motor cycle in the evening.
1,000/ .
At about 6 p.m. on the 17th evening Babu Khan and Om Prakash went to Hindustan Hotel with the motor cycle and met Ram Kumar, who told them that he was short of money by three or four hundred rupees and that he had sent the appellant to get the amount from his the appellants Ustad.
It is further alleged that at about 10 a.m. on the 8th morning, Lal Chand and his brother Tek Chand saw the appellant locking the room and leaving the hotel.
On the 17th morning Ram Kumar and the appellant struck a deal with Babu Khan and Om Prakash agreeing to purchase from them a motor cycle for Rs.
Babu Khan and Om, Prakash waited till about 9 p.m. and since the appellant had hot returned till then they left with the motor cycle 7 that Lal Chand P.W. 1 , a partner of the hotel saw the appellant and the deceased companying to the hotel at about 12 30 a.m. 8 that at about 10 a.m. on the 18th Lal Chand and his brother Tek Chand P.W. 2 who run the hotel in partnership saw the appellant locking Room No.
Ram Kumar paid a sum of Rs.
61 of 1069 Murder Reference No.
The appellant and the deceased occupied a room in the Hindustan Hotel, they were seen entering the room together at mid night between the 17th and 18th and the appellant locked the room on the 18th morning and left the hotel.
The appellant companyld number be found at Kanpur where he numbermally resides and it was on May 4, 1968 that he was arrested at Gaya Bihar in the house of his sister.
According to the prosecution.,
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
the appellant companymitted the murder of Ram Kumar with the motive of companymitting theft of about six or seven hundred rupees which he had kept with him for purchasing the motorcycle.
On,April 15 Ram Kumar, Shiv Kumar and the appellant left Moradnagar for Delhi for purchasing a secondhand motor cycle.
80 of 1970.
The motor cycle needed repairs and the sellers agreed to deliver it in.
On a search of that house a companynecting rod having stains of human blood was recovered along with other articles.
Inside the room was found the dead body of Ram Kumar with two stab injuries, one near the right eye brow and the other near the right ear and nine companytused lacerated wounds on the scalp, each injury being brain deep.
The case of the prosecution is that at about 12 30 a.m. on the night between the 17th and 18th the deceased Ram Kumar and the appellant were seen going to their hotel room by Lal Chand, a partner of the hotel.
The charge against the appellant is that on the night between the 17th and 18 August, 1968 lie companymitted the murder of one Ram Kumar.
On April 11, 1968 Ram Kumar, his brother Shiv Kumar, their mother and the appellant left Kanpur for Moradnagar.
The First Information Report then refers to the circumstances in which the dead body of Ram Kumar was found in the room.
the evening 5 that the price of the motor cycle was fixed at Rs.
