He tried to interrogate Radhey but failed to get any res ponse as Radhey was unconscious.
He led evidence in support of his plea of alibi, Nathoo admitted that he was related to Balak Ram but companytended that he was companytesting the election to the membership of the Town Area Committee as an independent candidate.
He took charge of five empty cartridges and a bullet head from the scene of occurrence.
In 1967 68 Tribeni Sahai, had filed a case under section 120 B, Penal Code, charging Dharam Pad, Pearey Main and others for companyspiracy to murder him.
Tribeni Sahai was thereafter taken to the Mission Hospital at Barielly but he succumbed to his injury at 8.30 p.m. on the 28.
The injuries of Jhilmili and Ram Prakash were examined by Dr. R. C. Bansal of the District Hospital, Budaun on 28th May.
The case against, Banney Khan was later withdrawn and Pearey Mian was acquitted.
On the night between the 27th and 28th May, eleven persons were arrested by the Investigating Officer apart from Dr. Kohli, Banney Khan and Kailash.
The postmortem examination on Radhey was performed by Dr.A. Gupta on 28th May.
Banney Khan admitted that he was a candidate for election to the membership of the Town Area Committee as a numberinee of Congress 0 .
The ballistic expert, Shyam Narain, opined that the bullet recovered from Radheys body was fired from Balak Rams pistol but that the bullet seized from the scene of occurrence was fired from some other weapon.
He met Jhilmili and Ram Prakash at the scene of occurrence and after inspecting their injuries and recording their statements he sent them for treatment to Budaun which is about 18 miles away from Dataganj.
Those persons were arrested on information given by one Abdul Rahman that they were involved in a companyspiracy to companymit the murder of Tribeni Sahai.
Aryendra Nath is the sisters son of Dharam Pal who, on the ticket of Congress R was companytesting the election to the Chairmanship of the Town Area Committee.
Appeal from the Judgment and Order dated the 22nd December, 1972 of the, Allahabad High Court in Govt.
Appeal by Special leave from the Judgment and Order dated the 22nd December 1972 of the Allahabad High Court in Crl.
Political differences evidently polluted the social life of the Dataganj citizens.
A civil suit was filed in 1965 by Banney Khan and his brother Pearey Mian against Tribeni Sahai and others for a permanent injunction restraining them from realising Tehbazari dues from the market.
He then went to the other car and the allegation is that he was told by Tribeni Sabai that Balak Ram had fired a shot at the instigation of Banney Khan, Pearey Mian and Dr. Kohli.
Frank Anthony, K. C. Agarwala, M. L. Srivastava and E. C. Agarwala for the appellant in Crl.
On August 3, 1970 Pearey Mian had lodged report against Tribeni Sahai and his bodyguard Radhey under section 394, Penal Code.
Those under arrest were thereafter sent to Budaun.
On his arrival, Sada Ram recorded Tribeni Sahais dying declaration, the third in the series.
While he was in detention at the police station, the Station House Officer went to his house and obtained his revolver from his wife.
The two brothers Banney Khan and Pearey Mian admitted that a civil litigation was pending between them and Tribeni Sahai on the date of occurrence.
A. 72 and 35/73.
The defence of the appellants, broadly, was that they were falsely implicated on account of political rivalry.
Dharam Pal, a Congress R candidate for the Chairmanship of the Committee had the support of Tribeni Sahai while Balak Ram, number under death sentence, who was a Congress 0 candidate for Chairmanship had the support of other parties.
He found on the dead body a gun shot wound 1C x 1C chest cavity deep below the right scapular region.
Balak Ram was companyvicted under section 302 of the Penal Code and was sentenced to death.
As his companydition was found to be precarious the Sub Divisional Magistrate, Sada Ram, was sent for in order to record the dying declaration.
Banney Khan was arrested at 5 a.m. on the 28th Balak Rams house was searched but he companyld number be found.
He was also companyvicted and sentenced under section 337 read with section 149 for causing injuries to Jhilmili and Ram Prakash and under section 148, Penal Code.
25, 34 35 of 1973.
He stated that he wanted to surrender earlier but being informed that Radhey Shyam, D.I.G., had issued orders for shooting the accused, if found, he companyld number surrender till June 7.
On the person of Ram Prakash was found a superficial burn 1 x 1 on the right side of the abdomen.
In the meanwhile, Yogendra Sharma had companymenced the investigation.
The two witnesses were said to companyroborate each other individually and together they were held to companyroborate the evidence of Rajendra Kumar Misra.
82 of 1972 and Criminal Appeal Nos.
Dr. Kohli admitted that he was the President of the local unit of the Jan Sangh, but denied that there was any personal enmity between him and Tribeni Sahai.
Dr. Gupta recovered a bullet from Radheys body.
On 1st June Balak Rams father surrendered in the companyrt of the Judicial Magistrate a licensed automatic Pistol belonging to Balak Ram.
The postmortem on the dead body of Tribeni Sabai was performed by Dr. S. Mitra on 29th May.
He denied that he was arrested at about 3.30 a.m. on the 28th May or in the circumstances alleged by the Investigating Officer that his revolver was handed over by his wife.
The High Court accepted the evidence of Jhilmili and Ram Prakash who, according to it, were independent witnesses.
It is obvious that a point to gain on the political plane was enough excuse for all, these gentlemen, to involve one another into grave charges like murder and dacoity.
In so far as Balak Ram is companycerned, the learned Judge companyvicted him for the murder of Tribeni Sahai and Radhey on the view that the evidence of the eye witnesses and the dying declarations of Tribeni Sahai were companyroborated by the opinion of the Ballistic Expert, Shyam Narain, who stated that the bullet recovered from the dead body of Radhey was fired from Balak Rams pistol.
895 of 1972 and Referred No.
A. No.
The licensed revolver of Dr. Kohli, the automatic pistol of Balak Ram, the bullet which was recovered from the dead body of Radhey and the five empty cartridges as well as the bullet head recovered from the scene of occurrence were sent by the Investigating Officer for ballistic tests to the Scientific Section C.I.D., Lucknow.
He found a circular lacerated wound 1/2x 3/10 cavity deep on the posterior axillary line on the left side of the axillary pit and a companyfusion on the right side of the chest.
He went to the house of Tribeni Sahai and informed the Superintendent of Police, Budaun, on trunk telephone about the occurrence.
P. Uniyal, N. K. Johri and 0.
They companytended that the witnesses had given false evidence against them either because they were friends or relatives of Tribeni Sahai or because of the pressure exerted on them by the police at the instance, partly, of Tribeni Sahais brother Radhey Shyam, who was the Deputy Inspector General of Police and a Member of the Vigilance Commission, U.P. Balak Ram pleaded alibi saying that he was at Lucknow from May 25.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
P. Rana for the respondent in Crl.
A. Nos.
The Investigating Officer opened the chamber of the revolver and found that it was loaded with three live cartridges and was emanating the smell of a freshly fired bullet.
In an appeal against the order of acquittal passed by the Sessions Court, the High Court companyfirmed the acquittal of Kailash, but companyvicted Nathoo, Dr. R. P. Kohli and Mohd.
Radhey, on being taken out of the car, was declared dead while Tribeni Sahai was taken to the Emergency Ward.
Out of these five, we are number number companycerned with Kailash whose acquittal is number under challenge and with Ahmed Sayeed Khan alias Pearey Mian who died during the pendency of the proceedings in the High Court of Allahabad.
Tribeni Sahai had sensed danger and was trying to escape but he was hit by a bullet on the right scapular region.
Dr. Kohli was taken to his house and it is alleged that his wife produced his licensed revolver from inside the Niwar of a company.
25, 34 35/73.
Balak Ram, Nathoo and Pearey Mian surrendered respectively on 29th May, 7th June and II th June.
Radhey Shyam was, at the material time, the Deputy Inspector General of Police and was stationed at Lucknow.
A. 72/73.
P. Rana for the respondent in Crl.
Appeal No.
72 of 1973.
A criminal case was then filed against Banney Khan and Pearey Mian under section 307, Penal Code, for a murderous assault on one Suleman whose brother Mohammad Sultan.
A. No.
Jhilmli received an injury on his left thigh while Ram Prakash was found to have a superficial burn on the right side of his abdomen.
Sayeed Khan Banney Khan were tried along with two others by the learned Sessions Judge, Budaun, for various offences in companynection with that incident.
The Jan Sangh seems to have decided to support the candidature of Balak Ram and others who were put up by Congress 0 .
Balak Ram stepped out, stood on the raised ground to the cast of the lane and fired a shot at Tribeni Sahai with a licensed pistol which he was carrying.
Nathoo, like Balak Ram, was carrying a pistol while Dr. Kohli was armed with a licensed revolver.
The learned judge acquitted the other five accused of all the charges.
1448 of 1972.
The four appellants Balak Ram, Nathoo, Dr. R. P. Kohli and Mohd.
Dharam Pal, the rival candidate for Chairmanship was a numberinee of Congress R .
While hot words were being exchanged, Dr. Kohli, Banney Khan and Pearey Mian exhorted Balak Ram to fire.
Jhilmili and Ram Prakash who live nearby came running in protest but they also received injuries as a result of the shots fired by Balak Ram, Nathoo and Dr. Kohli.
At about 2.30 a.m. the same night, the Investigating Officer is alleged to have arrested Dr. Kohli on receipt of an information that he was proceeding towards Pearey Mians house which was near the Roadways Bus Stand.
The High Court by its Judgment dated December 22, 1972 company firmed the companyviction of Balak Ram and the sentence of death imposed on him under section 302 as also his companyviction under section 148.
The Station House Officer claims to have taken down the dying declaration in the case diary which he had taken with him while leaving the police station.
The Judgment of the Court was delivered by CHANDRACHUD, J. On May 27, 1971 two persons called Tribeni Sahai and Radhey were shot dead in the town of Dataganj, District Budaun.
He was having an after dinner stroll with Radhey and as he reached the inter section of a cement road passing by his house and the lane by which the processionists were proceeding, the appellants who were leading the processions started raising offensive slcgans against him.
K. Bisaria for the appellant in Crl.
Radhey received a pistol injury on the left back.
C. Bhandari, P. H. Parekh and Mrs. S. Bhandare for the appellant in Crl.
The tow cars reached the Civil Hospital at Budaun at 11.30 p.m. The District Magistrate and the Civil Surgeon who had in the meanwhile received information about the incident were waiting for the cars at the hospital.
25/73.
The District Magistrate of Badaun, therefore, promulgated on May 24, 1971 an order under section 144 of the Code of Criminal Procedure, prohibiting the assembly of more than five persons and carrying of arms in public.
The election campaign launched by the rival political parties led to great acrimony.
Radhey Who was a few paces behind Tribeni Sahai ran forward to protect him when Balak Ram, Nathoo and Dr. Kohli fired four or five shots,.
The Superintendent of Police sent a platoon of Provincial Armed Constabulary to Dataganj and, he, himself arrived at Dataganj a little after midnight.
Dr. Kohlis house is alleged to have been searched at night but he companyld number be found number was any incriminating article discovered.
34 of 1973.
He found on the person of Jhilmili a fire arm wound of entry on the left thigh and a wound of exit on the same thigh.
They carried those differences into their private lives and their social relationship was marked by a series of quarrels and companyrt cases.
He also pleaded alibi saying that he had gone to Chandausi on the morning of 27th and returned to Dataganj on May 29.
He stated that he was the Vice Chairman of the Town Area Committee since 1937 and claimed that enemy candidate he had supported during the past many years for the Chairmanship of the Committee had been successful.
Dr. Kohli and Banney Khan were partisans of Balak Ram.
Vakil was an active follower of Tribeni Sahai.
