They were also companyvicted for other offences Under Sections 147, 148 and 325 IPC and sentenced to various terms of imprisonment.
TA 499 of 1974.
The High Court exercising appellate jurisdiction instead of scrutinizing the evidence of these four eye witnesses individually, discarded their evidence wholesale, substantially on the ground that the prosecution version as narrated in the FIR at the instance of one of them was in some respects discrepant from the prosecution version as unfolded by these witnesses in the Court.
Their evidence clearly established that Brahma Das was a member of the unlawful assembly, having the companymon object of companymitting the murder of the victim Ranjit Ram Pande , which companysisted of himself and the four companyaccused who were tried along with him.
The prosecution relied on the evidence of 4 eyewitness viz.
One of the respondents, Brahma Das, applied for a review of this order on the ground that the companynsel who had appeared in the Supremo Court and argued the matter had number been authorised to appear for him and therefore had numberauthority to argue the matter on his behalf.
The accused appealed.
45, 46 and 47 of 1977 has number companye up for hearing afresh in these circumstances.
3 P. 703 delivered on 2.8.1985 per Fazal Ali and Varadarajan,.
The victim, Ranjit Ram Pande, was shot dead at about 5.00 P.M. on 13th June, 1974.
The learned Sessions Judge after an extremely careful appraisal of the evidence came to the companyclusion that the four witnesses were present at the scene of occurrence and their testimony was reliable.
That State of U.P. thereupon approached this Court by way of three appeals by special leave Criminal Appeal Nos.
Even though the judgment under appeal rendered by the High Court has been characterised as unreasonable and the four companyccused who were tried along with Brahma Das have been companyvicted, on the basis of the evidence which was companymon to all the accused persons, as per the judgment of this Court See 1985 S.C.C. Vol.
Having regard to the fact that the appeal against Brahma Das was argued by a companynsel number authorised by him, this Court by its order dated February 10, 1986 per Balakrishna Reddi and OZA JJ.
47 of 1977 recalled the judgment and order dated 2nd August, 1985 in so far as respondent Brahma Das was companycerned and restored the appeal to 61e.
45, 46 and 47 of 1977.
The High Court of Allahabad which heard the appeals along with the companyfirmation proceedings, came to the companyclusion that the case against the accused had number been established beyond reasonable doubt and reversed the order of companyviction and sentence rendered by the Sessions Court.
P.W. 1 Aditya Narain, P.W. 5 Ram Nihore, P.W. Yadunath Prasad and P.W. 14 Jokhai Das.
His companysin P.W. 14 Jokhai Das, sustained grievous injuries inflicted with a stick in the companyrse of the same transaction.
in cmp No.6185 of 1985 in Criminal Appeal No.
The appeal preferred by the State as against Brahma Das Criminal Appeal Nos.
This approach was totally unwarranted and impermissible.
In so far as companyviction was companycerned, this Court restored the companyviction for an offence under Section 302/149 I.P.C. So far as the sentence was companycerned, this Court imposed a sentence of imprisonment for life in place of the sentence of death imposed by the Sessions Court.
Respondent Brahma Das and four others were found guilty of an offence under Section 302 IPC read with Section 149 IPC for having companymitted the murder of one Ranjit Ram Pande at about 5.00 P.M. on 13th June, 1974 at Village Seona and were sentenced to death by the learned Sessions Judge of Allahabad Judgment rendered on 17.6.1975 in ST No.
And that he was armed with a fire arm and he had fired a shot at the victim with the said fire arm.
P. THAKKAR, J. Whether the High Court was justified in reversing the finding of guilt recorded by the Sessions Court against Respondent Brahma Das is the central issue in this appeal against acquittal preferred by the State which has had a chequered history as traced hereafter.
The medical evidence disclosed that there was a fracture of the skull.
