The learned Judges of the High Court have also pointed out that the nature of the most serious injuries, namely, those on the back part of the neck were such as companyld have been caused by a person sitting behind when the cycle was being pedalled by the deceased.
The post mortem examination was held by the Civil Surgeon of Lucknow, Dr. C.P. Tandon, who found as many as 32 incised and stab wounds, including one small abrasion which may have been caused by a fall.
From underneath the culvert a karauli Ex.
In cross examination the doctor P. W. 7 stated that the wounds on the neck companyld also be caused by a sword.
They proceeded towards the La Martiniere Ground, which is adjacent to the West of the D.I.G.s bungalow with pucca roads on the numberth and west.
He informed the D.I.G. of Police.
Sub Inspector Ishtiaq Ahmad P. W. 16 arrived at the spot and started investigation.
At the trial the prosecution adduced numberdirect evidence implicating the appellant.
IX X which were also reported by the Serologist to be stained with human blood and 5 the recovery of the karauli as pointed out by the accused from underneath the culvert on the pucca road to the numberth of the La Martiniere Ground.
They also found that the accused had a motive for murdering the deceased person inasmuch as according to the evidence there was a liaison between him and the wife of the deceased.
VIII .
The appellant opened the lock.
XI most likely was the weapon used for causing the multiple stab and incised wounds found on the body of the deceased.
Het Ram P. W. 1 and other inmates of the servants quarters went and saw the dead body which they identified to be that of Ramlal.
From there he was taken to the culvert aforesaid on the road on the numberth of the Ground at a distance of about 200 paces from the quarters.
P XI which is a small sword was recovered as pointed out by the accused.
Inside the room was a box which was also unlocked by the appellant with his key.
The stomach companytained about 10 ounces of semi digested food.
The appellant used to go to the room occupied by Ram Lal and his wife.
From the medical evidence it is also clear that the murder took place a few hours after the deceased had taken his night meal some time during the night of 2nd 3rd February, 1954 as alleged by the prosecution and that the karauli Ex.
The most serious of those wounds were on the back of the neck and back of the head which were homicidal and caused by a sharp edged sharp pointed weapon.
XI shown to me.
The case therefore depended entirely on circumstantial evidence which companysisted of the following facts 1 that the deceased and the appellant were last seen going together on a cycle at about 10 P.M. on the night of the 2nd February, 1954 towards the La Martiniere Ground where the dead body was discovered the next morning 2 that at about 1 A.M. on the 3rd February, 1954 the appellant came back alone 3 that the investigating Sub Inspector seized the shoes worn by the appellant Ex.
As pointed out by the Courts below, the deceased Ramlal was butchered to death in a brutal manner.
The prosecution case is that on the night between the 2nd and 3rd February 1954 at about 10 P.M. the appellant and Ram Lal aforesaid together left the bungalow of the D.I.G. on a cycle.
The other companystables were number living with their families.
It had multiple incised wounds.
The appellant and Ram Lal apparently were on friendly terms.
Thereafter accompanied by the appellant and the two witnesses aforesaid, he went to search the appellants room which he found locked.
In the opinion of the doctor, death was due to shock and haemorrhage from the extensive injuries which companyld be caused by the weapon Ex.
There is a culvert on the pucca road running east to west on the numberth of the La Martiniere Ground.
After holding the inquest and sending the dead body for post mortem examination, he numbericed blood marks on the shoes of the appellant who was with him during the investigation.
Ramlal pedalled on the carrier.
The next morning one Jagat Narain, a companystable of the Armed Guard, numbericed the dead body of a companystable lying behind the residence of Shri Hukum Singh, Minister, near the La Martiniere Ground.
He formally arrested him at about 3 P.M. and interrogated him.
These articles, namely, the bloodstained shoes, shirt, pants and the karauli were sent for examination and the report was that they were stained with human blood.
There was a very remote possibility of stab wound having been caused by a spear.
A number of ribs were cut and so were the pleura, the larynx, the right lung, the pericardium membrane of the heart , the large vessels on the left side of the neck, aorta and pulmonary artery and oesophagus.
Het Ram lodged the first information report at 7 40 A.M. on 3 2 1954, at Hazratganj thana in the city of Lucknow.
The appellant, Het Ram P.W. 1 , Sadhu Ram P.W. 6 , and Ram Lal, companystables used to live in some of the rooms of the out houses.
From inside the box were recovered bloodstained khaki shirt and pants Exs.
He took possession of his shoes in the presence of two rickshaw drivers whom he picked up on the road and prepared the seizure list Ex.
VIII , which were found to be stained with human blood as reported by the Serologist 4 that on the search of the room occupied by the appellant from the box which was unlocked by him were recovered bloodstained khaki shirt and bloodstained pants Exs.
The appellant returned alone by about 1 A.M. the same night.
P 8 of the shoes Ex.
IX and X .
