It appears that on the night of 31st July, 1967 the appellants variously armed entered the house of Khan Mohammad, the husband of P.W. I Jamila, and assaulted him with various sharp cutting instruments.
Appeal by Special Leave from the Judgment and Order dated 13 12 1973 of the Allahabad High Court in Criminal Appeal No.
deceased and Zinat, sister of Jamila though very material witnesses,.
The central evidence in this case companysisted of testimony of W. I Jamila, the wife of the deceased, P.W. 3 Nazeer father of the deceased and P.W. 4 Sughara, mother in law of the deceased .
who were number examined by the prosecution.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
K. Garg, S. C. Agarwal and Shiv Pujan Singh for the Appellants.
The appeal is directed against the judgment of the High Court of Allahabad by which the companyvictions of the appellant under various sections of the Penal Code have been upheld by the High Court.
The main companyviction against the appellants were under section 302/149 and 201/149 I.P.C. All the appellants were sentenced to life imprisonment and various terms of imprisonment under various sections.
One of the main grievances, which was made before the High Court by the companynsel for the appellant, was that P.W. Dhannu, the brother of the.
300 of 1970.
P. Uniyal and O. P. Rana for the Respondent.
376 of 1977.
P.C. was applicable to the facts of this case.
The defence was that the appellants were falsely implicated due to enmity.
were number examined by the Sessions Judge.
because in view of the limited nature of the leave, we have to deal only with the question as to how far the High Court was justified in rejecting the oral prayer of the appellant for taking additional evidence or examining some witnesses,.
It is number necessary for us to give a narrative of the prosecution case,.
The Judgment of the Court was delivered by FAZAL ALI, J. This is an appeal by Special Leave companyfined only to the question, whether section 428 read with section 540 of the old Cr.
Thereafter his body was taken away by accused and was later recovered from a river where it was found to have been cut into pieces.
