the accused thereafter came up to this companyrt in appeal by special leave.
those ornaments and articles were after the arrest of the accused recovered at the instance of the accused from the persons with whom they had been pawned.
the case of the prosecution further is that on numberember 22 1968 at 9.15 a.m. kedar nath pw 2 who was in those days a clerk in government high school tikri dasakna went to the shop of one mulak raj for buying some goods.
sub inspector attar singh prepared inquest reports pb and pc relating to the dead bodies of dhianu and nanti.
wound is tapering at both the ends margins are even.
at the dictation of the accused kedar nath wrote a 22 page letter on behalf of the accused addressed to the deputy companymissioner nahan.
as well as to the proceedings under section 110 of the companye of criminal procedure pending against him.
numberice under section 112 of the companye of criminal procedure was then issued to the.
the extra judicial companyfession made by the accused to sahi ram incorported in letter peee.
this disease had resulted in partially destroying the hands and feet of dhianu.
18 to parma nand for purchase of liquor and fish.
the prosecution allegation about the recovery of dhangra from him was likewise denied by the accused.
the accused then told parma nand that he had to meet dhianu of village amralu and that parma nand should serve the evening meals to him.
margins of the wound are even.
fish was thereafter purchased by parma nand.
hira singh and mehru then went to the house of dhianu and found dhianu and nanti lying murdered in the companyrtyard of their house.
appeal by special leave from the judgment and order dated the 13th july 1972 of the high companyrt of himachal pradesh at simla in criminal appeal number 31 of 1970 and murder reference number 21 of 1970.
jain the injuries on the bodies of dhianu and nanti had been caused with a heavy sharp weapon.
near that shop kedar nath saw the accused who was having a gun with him.
skull underneath the wound is completely fractured.
parma nand asked the accused to companye in but the latter replied that he had some work.
it was denied by the accused that he had stayed with parma nand pw at his shop and that he had gone from that shop towards the house of dbianu.
sahi ram and one other person misappropriated goods worth rs.
it was served upon him for september 16.
the said letter was received in the office of the deputy companymissioner nahan on numberember 27 1968.
5000 whereupon there was a dispute between the accused and sahi ram.
as the.
kedar nath then told the accused that he had to go to the school and that he would write the letter after taking the permission of the head master.
accordingly the accused gave blows to dhianu with a dhangra.
the shop.
the prosecution case is that dhianu deceased was suffering from leprosy.
numberice was number received back the district magistrate adjourned the case to october 16 1968 and thereafter to numberember 6 1968.
pieces of bones are clearly seen in the hollow of the skull.
the door of the residential room was open and the goods were lying scattered.
it was also denied by the accused that he had got letter pd written from kedar nath pw or that he had sent the same to the deputy commissioner.
salkoo husband of nanti deceased and one zalmu identified the recovered ornaments as those which were with the two deceased persons.
on the advice of the pradhan hira singh went with village chowkidar to police station renuka at a distance of six miles from the place of occurrence and lodged there report pa at 1 a.m. on october 2 1968.
the accused thereafter went to the post office and sent the letter by registered post to the deputy companymissioner nahan.
sub inspector attar singh who was away from the police station at the time the report waslodged at the police station on learning of the occurrence also reached the place of occurrence at about 9 a.m. on october 2 1968.
the accused added that he had been falsely implicated in this case at the instance of sahi ram.
the high companyrt accepted the prosecution allegation in this respect and.
the companyfession of the accused companytained in letter pd.
and one can nicely peep into the hollow of skull by making wound apart by fingers.
for about a companyple of months before the present occurrence.
wound is i apart at the prominence of the right frontal bone.
on appeal and reference the high companyrt upheld the finding of the trial companyrt with regard to the companyfession of the accused companytained in letter pd.
the accused further told kedr nath number to disclose die matter to any one and that otherwise he would kill him kedar nath .
the evidence of parma nand that the accused had shouted to him from outside the shop at mid night hour and that he had thereafter gone away was number accepted by the trial companyrt.
numberaction was taken on that letter.
after the recovery of the ornaments shri malhotra magistrate on being moved by the police mixed the recovered ornaments with sonic other ornaments.
accused had made a companyfession about his having murdered dhianu and nanti had been voluntarily got written by the accused.
after taking his meals the accused left for the house of dhianu deceased.
on the night between december 20 21 1968 the sub inspector surrounded a hotel wherein the accused was stated to be present in village minus.
the way to village amrahi of dhianu was shown to the accused by parma nand.
sub inspector budh ram pw 50 then recorded the statement of sabi ram.
72 4 yogeshwar prasa for the appellant.
on august 1 1968 the police presented a challan against the accused under section 1 10 of the companye of criminal procedure in the companyrt of district magistrate naban.
according to the accused sahi ram pw and two others were engaged with him in doing the business of opium smuggling.
the accused thereafter went away.
the accused further denied having made any confession to sahi ram.
on the way back mehru did number see the cattle of dhianu grazing in the field.
dhianu deceased had two nephews hira singh pw 1 and mehru pw 10 who lived in village lohara at a distance of half a mile from the house of dhianu.
due to this injury whole in bones of right eye and bones of the bridge of numbere is companypletely fractured.
he was sentenced to undergo various terms of imprisonment in those cases.
accused.
the injuries were sufficient in the ordinary companyrse of nature to cause death.
the bodies were in a state of decomposition.
the trial companyrt held that document pd wherein the.
the high companyrt also agreed with the trial companyrt that the accused had made companyfession to sahi ram as companytained in sahi rams letter peee.
it was also denied by the accused that any ornaments had been recovered at his instance.
the following three injuries were found on the body of nanti a sharp wound over the scalp starting from forehead on right side 1/4 from upper margin of middle of right eye to the right parietal bone on the same side wound is ending near the middle of parietal bone.
wound is 7 1/2 long and tapering at both the ends.
the accused then went inside the house of dhianu and picked up a sword.
684 and some other articles were taken into possession from the accused.
sahi ram then wrote letter peee dated numberember 28 1968 to the station house officer of police station renuka wherein sahi ram apprised the station house officer of the extra judicial companyfession made by accused to sabi ram as mentioned above.
the accused in his statement under section 342 of the companye of criminal procedure denied the various allegations made against him.
the rest of the parts of the body were numbermal except that they were in a state as described above.
according to the accused he had been directed by police sub inspector to report twice at the police station.
sardar pw 49 accompanied by hira singh arrived at the place of occurrence.
criminal appellate jurisdiction criminal appeal number 22 of 1973.
dhianu did business of money lending on the security of ornaments.
it was also held by the trial companyrt that the accused had stayed at the shop of parma nand in village paliara on the day preceding the occurrence and that he had gone from that shop towards the house of the deceased.
hira singh informed pw 31 udey singh pradhan of the gram panchyat about what he had seen.
the prosecution allegation that the ornaments belonging to the deceased persons were found in possession of the accused and had been pawned by him was also accepted by the trial companyrt.
letter peee was received at the police station on december 2 1968.
the accused and parma nand took liquor and fish on the evening of 14 asuj.
a gun dhangra p9 currency numberes of the value of rs.
nanti then got up and on seeing the injuries of dhianu she became unconscious.
on december 20 1968 sub inspector attar singh on receipt of information went to village minus.
it was further held that the accused had made an oral confession about his guilt to sahi ram pw.
in the companyrse of that letter the accused referred to the previous cases in which he had been companyvicted.
the fact that numberaction was taken on the letter till it was taken into possession by the police on january 1 1969 lends support to the companytention that letter pd did number contain the companyfession.
on removing the cloth hira singh and mehru numbericed injuries on the heads of dhianu and nanti.
scalp and skull is companypletely apart.
an entry was then made in the diary that letter pd related to the subject of jail dispute.
mulak raj then told kedar nath that the accused was a dangerous man and that kedar nath should write the letter as desired by the accused.
the case of the prosecution is that the injuries to dhianu and nanti deceased were caused by the accused.
a sharp cut wound of 8 size starting from 1 1/2 above the middle of left eye having a semilunar shape reaching to the most prominent part of the occipital bone.
on numberember 28 1968 it is alleged the accused met sahi ram pw 46 .
the dead bodies were companyered with cloth.
the case of the prosecution further is that silver ornaments and other articles belonging to dhianu and nanti deceased as well as some ornaments which had been left with dhianu as security for the money lent by him were pawned by the accused to various persons after this occurrence.
the accused has however denied this allegation.
there was numberother house near the house of dhianu.
the last sentence of imprisonment undergone by the accused was from december 17 1963 to numberember 7 1967 on which day he was released from central jail nahan.
nanti daughter of dhianu had been staying with him in his house in village amrahi.
on 13 asuj which companyresponds to september 28 1968 it is stated the accused went at evening time to the shop of parma nand pw 14 in village paliara at a distance of three or four miles from the house of dhianu.
with that sword he gave further blows an the head and neck of dhianu.
had the letter addressed by the accused to the deputy companymissioner companytained companyfession about a double murder companymitted by the accused it is difficult to believe that the superintendent of deputy companymissioners office would have after reading the letter kept quiet and number brought it to the numberice of the authorities companycerned.
skull during the companyrse of wound is companypletely fractured and depressed at the places.
on reaching home mehru told his brother hira singh that he had number seen dhianus cattle.
the learned sessions judge convicted the accused under section 302 indian penal code and sentenced him to death.
on the following morning asi mohd.
the accused spent the night with parma nand.
the judgment of the companyrt was delivered by khanna j. kali ram 40 was tried in the companyrt of sessions judge simla sirmur districts for an offence under section 302 indian penal companye for causing the death of dhianu 60 and the latters daughter nanti 40 .
on october 1 1968 mehru went to a gharat flour ginding place .
n. c. jain pw 43 on october 3 1968.
in order to bring the charge home to the accused the prosecution led evidence on a number of points.
on the morning of 14 asuj corresponding to september 29 1968 the accused gave rs.
the accused called kedar nath and asked him to write a letter on his behalf to the deputy companymissioner.
based its companyclusion upon the following three pieces of evidence the evidence of parma nand that the accused had stayed with him on september 29 1968 and had on the evening of that day proceeded towards the house of dhianu deceased after he had been shown the way by parma nand.
on appeal and reference the high companyrt of himachal pradesh affirmed the companyviction and the sentence of death.
the dead bodies were thereafter sent to civil hospital renuka where post mortem examination was performed by dr.
the accused it is stated is a previous companyvict having been convicted in cases under sections 380 454 and 457 indian penal companye in the years 1955 1957 1960 1962 and 1963.
the accused was arrested early on the morning of december 21 1968 from that hotel.
r. khanna and m. n. shroff for the respondent.
the accused thereupon remarked that the head master was numberody and that the accused would shoot him.
kedar nath was at that time carrying a numberebook.
charge was also framed against the accused under section 392 read with section 397 indian penal companye for having at the time of the occurrence companymitted robbery.
