Information was sent to the police who companymenced investigation and their enquiriesed them to the appellant, who was arrested on the 6th of July, 1954.
1, the chadar Ex.
17 of 1955 arising out of the judgment and order dated the 11th April 1955 of the Court of the Sessions Judge at Bahraich in Criminal S.T. No.
The Magistrate pointedly asked the appellant as to whether he along with the other accused murdered Ram Dularey and had taken his property to which the appellant replied in the negative.
He asserted that he had told the people in his village as well as the Mukhia that he would hand over the property to its owner when he came to take it.
It was number necessary for the Sessions Judge to specifically repeat the same when the appellant admitted his statement before the Committing Magistrate as companyrect when read out to him.
2, the gunny bag Ex.
On appeal by special leave from the judgment and order dated the, 26th September 1955 of the Allahabad High Court Lucknow Bench in Criminal Appeal No.
Shortly thereafter, he engaged the appellants cart to take him and his goods to his village.
2 would be paid as the fare.
On his return journey, he got down from the train at Jarwal Road Station on the 2nd of July, 1954, at about 9 30 p.m. He had with him articles companysisting of a box, a balti, a gunny bag, jholas and other things.
24 have been identified as belonging to the deceased Ram Dularey.
To the question as to whether any article of the deceased was recovered from his house by the police, the appellant stated that he handed over to the police all the property of the deceased which be had looked in the kothri.
R. Prem, for the appellant.
to which the appellant replied in the affirmative.
195 of 1955 and Capital Sentence No.
Neither the deceased number the articles, which were with him, number the cart ever reached Jarwal.
As the appellant did number know the house of the deceased in Jarwal Bazar, he took the dead mans goods in his cart to his own house as his buffaloes were very hungry.
Two other persons also got on to the cart.
The appellant was companyvicted of the offences of murder and robbery by the Sessions Judge by the application of section 34 of the Indian Penal Code.
Indeed, the most important of them are admitted by the appellant in his statement under section 342 of the Code of Criminal Procedure when examined in the Court of Sessions.
At the Raduayan Bridge three men enquired if Ram Dularey was in the cart.
At the very companymencemeilt of the record of that statement, the Sessions Judge readout the appellants statement under section 342 of the Code of Criminal Procedure before the Committing Magistrate and enquired Whether it was companyrect.,
9, the balti Ex.
The charge framed, however, was one of murder and robbery and there was numbermention of these offences having been companymitted in the furtherance of a companymon intention.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
In the morning, Ram Dulareys body was found near a bridge in close vicinity of Jarwal.
So far as the dhoti Ex.
24 of 1956.
The appellant was driving the cart.
The Judgment of the Court was delivered by IMAM J. The appellant was sentenced to death for the murder of one Ram Dularey.
Two other men were also in the cart who got down at the Sugar Mill gate at the Railway Station.
He was also sentenced to seven years rigorous imprisonment for having robbed the murdered man of his goods.
From the kothri numerous articles were recovered, including a big knife Ex.
The appellant took the deceased on his cart with his goods including the box Ex.
The knife was sent to the Chemical Examiner along with the dhoti.
Concerning the knife, he disowned its ownership and companyld number say how it came to be found in his house.
The High Court of Allahabad affirmed the companyviction and the sentence and this appeal is by special leave, Certain facts have been proved beyond all doubt.
March 12.
13 and the jhola Ex.
When examined under section 342 of the Code of Criminal Procedure by the Sessions Judge, the appellant stated that the deceased Ram Dularey bad asked him to take his goods in his cart and it was agreed that Rs.
The appellant gave the key of his kothri to the police with which it was opened.
B. Asthana and C. P. Lal, for the respondent.
All the four assessors,, who attended the trial, were of the opinion that the appellant was guilty.
It is number necessary to give the details of the other articles recovered.
He was tried along with two other persons, who were acquitted, by the Sessions Judge of Bahraich.
9 of 1955.
