Aikman and Karamat Husain, JJ.
1. The appellant Gutali, alias Ajudhia, has been convicted of an offence punishable under Section 302 of the Indian Penal Code and sentenced to transportation for life. He has also been convicted of an offence punishable under Section 328 of the Indian Penal Code sentenced to 10 years' rigorous imprisonment. The sentences have been ordered to run concurrently. We have read through the whole of the evidence and we see no reason whatever to doubt the prisoner's guilt. On the 29th of May last he attached himself to an old man Arjun and his grandson Ram Nath, who had gone to Mahaban to purchase an ox. He was previously unknown to them. He said that he was a Thakur of Chilikpurwa and that he too bad come to buy an ox. He remained in their company from 2 or 3 gttaris after sunrise until after noon. Both Arjun and his grandson partook of the food which the accused had procured. The accused pressed them to go to the village Karahra where he said he had seen some bullocks for sale. After going a short distance Arjun became ill and fell to the ground unconscious. He and his grandson were seen lying on the road that fame evening. The grandson was dead. Arjun and the grandson were seen by the Hospital Assistant, who found in each case the pupils of the eyes dilated. When Arjun was found, he was 'seen to be plucking at the ground with his hands. The brain of Ram Nath was congested and in the opinion of the Hospital Assistant the congestion was probably caused by poison. Although no poison was found by the Chemical Examiner in the portion of the viscera of Ram Nath sent to him, we think that there can be little doubt that dkatura had been administered. When Arjun came to himself, he found that he had been robbed of his money and his grandson's ear-rings had been taken away.
2. The dhotis of both had also been taken away. At that time no trace was found of the person who had been in the company of Arjun and the deceased.
3. On the 19th of June two more men, Girdhari and Hallia, were joined by an utter stranger, who persuaded them to partake of food which he gave them. They both became unconscious. Before the accused could make off, some residents of Nathupura came up and had their suspicions aroused by what they saw. They arrested the accused as he was attempting to make off. He was taken to the police station and sent to the Hamirpur jail. There on the 1st of July he was picked out by Arjun from amongst a number of under trial prisoners as the man who had
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