When the police reached the spot they found A 2 catching hold of the hair of the boy and A 3 and A 4 were standing on their one leg.
He saw Abdul Hafiz Khan catching hold of the boy.
The investigating team also saw some articles of worship.
The gruesome incident took place on 27.10.1978 at about 1200 numbern when the sound of Azaan call for Namaz was heard from the quarter of Abdul Hafiz Khan, accused No.
The sordid saga of un paralleled cruelty as a result of superstitions took place in the area called Canal Colony situated at Kasba Koraon, P.S. Koraon, District Allahabad where accused No.1 was working as an Amin in Irrigation Department, accused No.
The Sessions Judge came to the companyclusion that the crimes were companymitted in the name of Peer Paigamber.
Very unfortunately, in all this, the father and the paternal aunt of the unfortunate boys were involved while their own mother had to remain as a powerless and mute spectator to this gruesome act of cruelty.
Inquest and spot Panchnama were companyducted and material objects were seized.
The police rescued the third boy, Shaukat Ali and arrested all the accused persons.
It was number a usual time.
The present case is one such dreadful and hair raising example wherein two innocent boys lost their lives while the third barely escaped death.
Hearing this unusual Azaan, he reached the house of accused No.
The unfortunate deceased who lost their lives were Shamshad Ali, Naushad Ali while Shaukat Ali barely escaped.
A number of witnesses came to be examined including Shyam Mohan Airan PW 1 , R.B. Singh PW 2 , Ram Hujur Yadav PW 3 , Habib Ullah PW 4 , Constable Chandra Bhushan PW 5 , Head Constable Ram Singh PW 6 , Investigating Officer Kamal Singh PW and Constable Kalim Ullah PW 8 .
The State of Uttar Pradesh has number companye up in this appeal challenging the acquittal of the two respondents herein who were originally accused Nos.
3 and 4.
1 hereinafter called A 1 and peeped through the window and saw that the accused No.2, Shakila Bano hereinafter called A 2 was beating the elder son Shamshad Ali with a pipe whereas Abdul Hafiz Khan A 1 , Saharunnisa A 3 and, Siraj Khan hereinafter called A 4 were also present there.
All the three boys were born to Saharunnisa and Abdul Hafeez Khan and belonged to the tender age of 7 years, 4 years and 3 years, respectively.
A report was immediately got prepared by Shyam Mohan Airan PW 1 by dictating the same to Ram Hujur Yadav PW 3 which was again fairly drafted by B.R.Singh and Shyam Mohan Airan put his signatures and sent the report to PS koroan by official jeep which was lodged at the police station at 730 p.m. The police immediately registered the case under Sections 302 and 307 of the Indian Penal Code and started investigations.
The High Court, therefore, gave benefit of doubt to the said accused and acquitted them.
The usual investigation was then companypleted.
Even seeing the police, A 1 was undeterred and claimed that Paigamber had possessed the body of his daughter and the two persons were sacrificed and the third person would also be sacrificed.
The dead body was sent for post mortem and on the basis of this charge sheet came to be filed.
PW 4, Habib Ullah had gone to the house of Budda Ram in the Koraon companyony.
