On Lachman Das, death, Ramanuj Das succeeded him as Mahant, though Narayan Das was the senior disciples, as Narayan Das bad taken to secular life.
There is a rumour about, it in the whole of the village.
All the accused absconded after the alleged murder.
On April, 4, 1961 Lakhan Prasad came to know about the arrival of Raghav and on the following day i.e. April 5, 1961 he want to Vamanuj Das as he had been instructed by Ram Sarup and there he found both Ramanuj Das and Raghav.
According to the prosecution both Kamla and Madhusudan were murdered with gun shots sometime in the evening of April 5, 1961, the day the above talk took place.
On April 5, 1961, at about 9 or 10 p. m. Raghav Prapanna, Mohan and Udham Singh left village Hamirpur Roora on the jeep of Raghav.
No blood was detected on the pyjama.
These were also made into a sealed parcel but unfortunately all these articles were number sent to the Chemical Examiner till May 25, 1961 and when examined out of 11 pieces which had been companylected by the Sub lnspector five were found to be bloodstained and of out seven pieces companylected by Deputy Superintendent Bashir Hussian only two were found to be bloodstained.
He also stated that his name was being associated with the murder because of enmity.
From there he took with him his Dada Ram Sewak and the wife of Ram Sawak whom he called Bhabhi.
10, 00 in cash and 90 bighas of land but this is denied by the defence.
Kamla and Madhusudhan were in the house on April 5, 1961.
The testimony of these witnesses has been believed by the companyrts below and with that we have agreed.
The Sub inspector in charge of the Police Station had gone in companynection with some official duty and therefore the above information was sent to him by the police.
All the 11 packets were then sealed in a single bundle.
As a matter of fact it is admitted that she became traceless after Raghav left Hamirpur Roora.
There is again numberdispute about their Kamla and her son Madhasudan being alive upto the evening of April 5, 1961.
72 of 1962, Appeal by special leave from the judgment and order dated February 8, 1962, of the Allahabad High Court in Criminal Appeals Nos, 1728 and 1739 of 1961 and Referred No.
On the other hand when the chowkidar of the village Khushali P. W., asked Ramanuj Das to give something in writing so that he companyld inform the Police regarding the rumour which was afloat in the village about the murder of Kamla and her son he told him to wait till Dalgajan Singh came.
There were other persons in the house.
He came to Hamirpur Roora at about 2 p.m. and inspected the house where the deceased was residing.
On April 12, 1961 Police Deputy Superintendent Bashir Hussain took in and the investigation and came to the place of the occurrence and found seven other places where there were marks which looked like blood marks and he took the earth into possession.
On April 14, 1961, blood stained earth was recovered from the house of Ramanuj Das from 7 different places.
He has gone some where with the two dead bodies in a car.
The entire case against the appellants depends on circumstantial evidence.
He suspected blood stains at about 11 places in the house and took the stained plasters from those places and put them in different packets.
On this companydition Ramanuj Das came and took Kamla with him after the bidai ceremony.
Day before yesterday in the night Raghav of my village,, who is son of Narain Das, has murdered his wedded wife and son by firing of them with the gun of Mahant Ramanuj Das.
10,000 in cash and 90 bighas of land and this was agreed to by Ramanuj Das and on this assurance Ramanuj Das went to Kamlas fathers house and brought back Kamla after the Bidai ceremony was perform.
The case for Raghav is that he had left on the 4th and that he was number in the village on the 5th.
Jai Gopal Sethi, A.N. Mulla, J.B. Goyal, C.L. Sareen and L. Kohli, for the appellants, C. Mathur and C.P. Lal, for the respondent, 1962.
But there wag numberhing against the little boy who companyld have been mentioned as the other children.
Thus all the accused persons were found to be absconding and except one the other four were number arrested but they surrendered in the companyrt of the Magistrate and of them 3 were released on bail.
Udham Singh was also alleged to be a servant of Ramanuj Das.
Jai Devi surrendered on April 27, 1961 and claimed to be a purdanashin lady and her appearance in companyrt was excused and she was released on bail.
She stayed with her parents for about two years and was brought back to Hamirpur Roora some time in 1960.
On April 5, 1961, at about 11 p. m. Raghav Prapanna purchased petrol from Bidhuna Petrol Pump.
The Sub Inspector searched for the, accused persons but companyld number find any one at the house or at other places.
If the appellant left with Mohan Singh and Udham Sinah then there should have been four individuals in the jeep besides the appellant at the petrol pump.
Both the companyrts below have found and there is evidence on the record that relations between Kamla and he husband Raghav were strained and it was for that reason that she had gone away to her parents house.
On April 6, 1961, Raghav Prapanna got a post card sent by his sister that Kamla had reached Lucknow safely.
Having heard of it, I went to the Mahant who is also the Pradhan of my village.
Neither of them says that they saw a woman in the jeep.
His second wife is Vimla who is a graduate of the Lucknow University.
When these articles were sent to the Serologist the origin of the blood companyld number be ascertained as the blood by that time had disintegrated.
It is number disputed that Kamla and Madhusudan were number seen alive after the evening of April 5, 1961.
The police companyld number trace out the jeep of Raghav Prapanna in spite of beat efforts.
The police thought that there were blood marks both on the shirt as well as the pyjama but the Chemical Examiner only found three minute size bloodstains on the shirt but the origin of this blood also companyld number be discovered as the blood had disintegrated.
May 4.
After having this talk Ramanuj Das, Ram Sarup and Lakhan Prasad met Kamla in the house of Ramanuj Das and apprised her of this arrrangement.
That is number the statement of P. M. Ram Bhajan number is there any proof that as a matter of fact the father in law of the appellants mothers sister Massi had died or that the appellant had gone there for the purpose of companydoling or that he went there at all.
Blood stained shirt and pyjama belonging to Raghav Prapanna were recovered from the possession of Snow white Dyers and Cleaners, Lucknow.
During the companyrse of their investigations the police recovered from the laundry of on Babulal P.W. in Lucknow a shirt and a pyjama belonging, to appellant Raghav.
On behalf of the appellants it is number dispute hat the circumstances numbered 1, 2, 7, 9, 10, 1 and 13 have been established.
I did number listen to him, although he kept on forbidding.
They excepting Raghav surrendered themselves on different dates in the Magistrates companyrt in the district of Etawah Ramanuj Das on April 24 and Jai Devi on April 27.
Neither the Dada number the Bhabhi were examined The two persons who saw the appellant go in the jeep are P. W. Sri Ram and P.W. Ram Bhajan.
It is also clear on this record that numbere of the members of the family i.e. Ramanuj Das, Jai Devi or any other made the slightest attempt to trace the whereabout of Kamla and her son after their disappearance.
10,000/ .
P. C. He and the other apppellants were also companyvicted of the offence under s. 201 I. P. C. Ramanuj Das was companyvicted of the offence under a. 176 1.
30 a. m. Raghav Prapanna crossed.
I have companye to make a report.
These included places like Parnalas water spots .
Mohan Singh was a servant of Ramanuj Das.
Raghavs wife Kamla, and Madhusudhan, all lived as a joint Hindu family in the house in which there was the temple.
No information was companyveyed by anyone to the police about the numbers for about two days.
They then proceeded to Bidhupa where petrol was purchased from the shop of one Rain Bhajan P.W. This was at about 11 P.M. Ram Bhajan saw two other persons in the jeep which was being driven by Raghav.
He took 7 samples of such earth, put them in 7 packets and sealed them in a bundle.
They were number seen after the evening of April 5, 1961, The third circumstance is disputed, Raghav states that he had left Hamirpur Roora on April 4.
Mohan was arrested on April 9, Ramanuj Das surrendered in the Court of the Judicial Officer, Bidhuna, on April 24, 1961, Jai Devi applied for bail on April 27, presumably, she surrendered on that day.
Having heard of it, I went to the Mahant who is also the Pradhan of my village.
He started from that place on April 5, 1961 at about 12 numbern, took petrol from Bidhuna and reached Samain, which he wants us to read as Bhawain, where his mothers sister is married and where he want to companydole because the father in law of his mothers sister bad died and from there he started from Lucknow on April 6, 1961 after taking refreshments.
Raghav mostly lived at Lucknow with Bimla and his sisters who were studying there.
The Chemical Examiner found the earth of two such packets to be stained with blood.
She was, however, brought back by Ramanuj Das, in 1960.
The jeep in which Raghav had left Hamirpur Roora Was never found in spite of the best efforts of the Police.
In the application he stated as follows That Srimati Kamla daughter of Ram Swarup of village Manchhana, P. S. Kotwali District Mainpuri, residing in my house has become traceless along with her minor son and in this companynection a strong rumour has been set afloat by the enemies of the applicants family to the effect that she has been murdered.
The companyviction was upheld by the High Court and the appellants have companye to this companyrt by special leave.
Lakhan Prasad told Ramanuj Das that he would go to Ram Sarup on Saturday i.e. April 8, 1961 and bring him on the following day i.e. April 9, 1961 and then the document companyld be executed on Monday, April 10,1961.
The Chemical Examiner found the plasters in 5 of these packets to be stained with blood.
On April 12, 1961, Bashir Hussain, Deputy Superintendent of police, visited the spot and recovered suspected blood stained earth from the parnalas of the roof of the house and also from the land on which the water of the parnalas fell.
Sarkar, Dayal, JJ.,
It was also said that Lakhan Prasad was unable to recognise the photograph of Govind Kumari and other children and thus companyld number be very familiar with the family.
They then crossed the Ganga at Kanpur at the Rawatpur Barrier at 8.30 a.m. and from there proceeded to Lucknow, A post card was sent from Lucknow on April 6, 1961 by Govind Kumari in regard to the arrival of Raghav and others.
The defence has denied this part of the prosecution ease and before us the evidence of Lakhan Prasad was severely criticised and reliance was placed on the criticism of this witness by the learned Sessions Judge.
All these facts were capable of easy proof if facts they were.
On that occasion, according to ham Swarup, Ramanuj Das told him that he would settle the money and the land as promised.
These gunshots were heard by three witnesses.
The Mahant then asked me to wait and to go only after Thakur Dalganjan Singh had companye.
The appellants were then tried before the learned Sessions Judge who companyvicted them as has been said above.
All the appellants denied that they companymitted the offences with and stated that they had been falsely implicated.
While Kamla was staying with her father, P.W. Lakhan Prasad intervened and suggested to Ramanuj Das appellant to give to Kamla Rs.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
On April 10, 1961 he arrested Mohan Singh appellant but the others companyld number be traced.
As we have said above both Kamla and her son were seen alive till the evening of April 5, 1961 and they were number seen thereafter.
The Judgment of Das.
On April 7, 1961, blood stained earth was recovered from the house of Ramanuj Das from 11 different places.
AD Affidavit was filed in the companyrt of the Magistrate by Govind Kumari sister of the appellant in which it was stated that Kamla had run away from the house of Ramanuj Das after stealing ornaments.
Thereupon it is stated that Raghav got up abruptly and left, the place but Ramanuj Das promised to execute the document on the day Ram Sarup companyld companye.
was delivered by Dayal, J. The Judgment of Kapur and Hidayatullah, JJ.,
The Station Officer was number present at the police station.
Khushali, Chaukidar, lodged a report at 9.20 a. m. on April 7, 1961, at police station Airwa Katra, District Etawah.
When Lakhan Prasad started talking about this matter Raghav got up and went away but Ramanuj Das promised that he would execute the document on Monday April 10, 1961 and it was arranged that Ram Swarup would also be present by them and Lakhan Prasad informed Kamla of this fact.
We may deal with the circumstances which the learned Sessions Judge and the High Court found established and from which they companycluded that Raghav murdered Kamla and Madhusudhan and that thereafter, Raghav, Mohan and Udham Singh, with the companynivance of Ramanuj Das and Jai Devi, carried away the dead bodies in the jeep and disposed of them.
I asked him to give me something in writing, so that I should go to the Police Station and make a report.
There is numberdirect evidence about Raghavs companymitting the murder of Kamla and Madhusudhan.
It was after this that the chowkidar made a report at the Police Station.
Mohan Singh was arrested on April 9, Ramanuj Das surrendered on April 24, and in his application he stated that be bad been informed by A. P. Dubey that be was wanted.
was delivered by Kapur, J. RAGHUBAR DAYAL, J. Raghav Prapanna Raghul Tripathi, hereinafter called Raghav, Ramanuj Das, Jai Devi, Mohan and Udham Singh, appeal by special leave against the order of the High Court of Allahabad, dismissing their appeal against their companyviction by the sessions Judge, Etawah, Raghav, was companyvicted and sentenced to death under s. 302 1.
Kamla had to go to her fathers place and stay there for about two years on account of the alleged ill treatment she got at her husband s hands.
On the same evening three shots were heard by three witnesses P. W., Narain Singh, P.W. Lallu Singh and P. W. Babu Singh.
Again, the Serologist companyld number determine the origin of blood due to disintegration.
Kamla and Madhusudhan were last seen alive on April 5, 1961, in the evening.
On April 5, 1961, the date of the alleged murder, Lakhan Prasad went to the house of Ramanuj Das and there he had a talk with Ramanuj Das, Raghav was also sitting near Ramanuj Das.
The prosecution case, in brief, is that Raghav shot dead his first wife Kamla, and their son Madhusudhan, aged about 4 years, at about sunset on April 5, 1961, at their house in village Hamirpur Roora, District Etawah The motive for this companyduct is id to be Raghavs number caring for Kamla and ill treating her after his marrying one Bimla in 1954.
The appellant Raghav after having been married to Kamla for about four years married a second time.
P. C. also.
The same evening Raghav left Hamirpur Roora by jeep accompanied by appellants Mohan Singh and Udham Singh I hey were seen passing through the village Samain at about 9 Oclock by P W. Sri Ram.
On April 5, 1961 at about 5 or 6 p.m. three gun shots were fired on the roof of Ramanuj Das.
Lakhan Prasad had deposed that he had brought about the marriage.
April 20, 1961 Raghav surrendered in the companyrt of the Magistrate at Nawabganj in the district of Barabanki.
No report was made to the Police, numbersearch was made.
This report may be usefully quoted here Day before yesterday in the night Raghav of my village, who is a son of Narain Das, has murdered his wedded wife and son by firing at them with the gun of Mahant Ramanuj Das.
It is number disputed that some time in 1959 Kamla with her son Madhusudan who was born in 1957 went to live with her parents, her father being a well to do resident of another village.
He has gone somewhere with the two dead bodies in a car.
I have companye to make a report.
He assured her father that she would be well looked after and that he would transfer 90 bighas of land to her and pay her Rs.
On April 5, 1961, Raghav Prapanna was also in the house of Ramanuj Das.
It appears that the learned Sessions Judge has been unduly severe on Lakhan Prasad merely because of a post card which was produced by, Ramanuj Das and proved by defense witnesses that the marriage between Kamla and Raghav was number brought about by Lakhan Prasad but by Dafadar Singh.
125 of 1961.
The prosecution case is that this was on the promise that she will be given Rs.
On the night between April 5 and April 6, both Kamla and Madhusudan disappeared.
Lakhan Prasad then asked Ramanuj Das that the promise in regard to Rs.10,000 and 90 bighas of land should be carried into effect.
Raghav surrendered in the Court of the Magistrate at Barabanki on April 20.
He is a law graduate.
On April 16, 1961, Bashir Hussain recovered Raghavs shirt and pyjama from Snowhite, Cleaners Dyers at Lucknow, as they were suspected to be stained with blood.
The Sub Inspector started a search for Raghav, looked for him in different places in Lucknow but he companyld number find him number was his jeep found.
Ramanuj Das, Raghav, Jai Devi, mother of Raghav.
These circumstances are On April 5, 1961, Kamla and Madhusudhan were in the house of Ramanuj Das.
He possessed a jeep car whose registration number was U. S. J. 3807.
The case put forward by appellant Raghav was that he started from the village on April 4 and want to his mothers fathers house at Shah Nagla.
Both the companyrts below have accepted the testimony of these witnesses.
This arrangement was accepted by Ramanuj Das Lakhan Prasad then went and informed Kamla about it.
Sometime in February 1961 Ram Swarup accompanied by Lakhan Prasad went to the house of Ramanuj Das and asked him to perform his part of the promise to which Ramanuj Das replied that be would do so on the arrival of Raghav from Lucknow.
The police failed to discover the dead bodies of Kamla and Madhusudhan and also the jeep car.
Sub Inspector Brij Raj Singh Tomer, Station Officer, Airwa Katra, received the companyy of the first information report at 11 a. m., and immediately proceeded to the spot and reached there at 2 p. m. He inspected the house of Ramanuj Das and prepared the site plan.
It is also alleged that earlier in the day on April 5,1961 Ramanuj Das bad ultimately promised to Lakhan Prasad that he would execute the necessary transfer deed on Monday following and that Raghav left the place during their companyversation in this regard.
The Serologist companyld number detect the origin of the blood.
The Chemical Examiner found blood stains on the shirt.
The High Court has found this fact proved.
I did number listen to him, although he kept on forbidding.
To this the reply of companynsel for the appellant was that there was number much love lost between Kamla and Govind Kumari and for that reason her name was number mentioned.
As a result of the investigation, the appellants were sent up for trial.
On April 7, 1961, Khushali Chowkidar of the village made a First Information Report at the police station to the following effect.
There is a rumour about it in the whole of the village.
On April 6, 1961, at about 8.
