Jadon and P.W. 3 were removed to the operation theatre.
175 of 1974 has been proved beyond reasonable doubt, despite the improvements and variations in their evidence.
Accused Parmatma was companyvicted under Section 147 I.P.C. and the rest were companyvicted under Section 148 I.P.C. They were sentenced to various terms of imprisonment.
The FIR was written by his nephew, Prakash Chandra Chaturvedi P.W. 8 .
All of them were acquitted of the offences under Section 147 or Section 148 I.P.C. The companyvictions and sentences as against the other six accused persons were set aside and they were acquitted.
1, 2, 3 and C.W. 1 cannot be held to be infirm.
367 369 of 1974.
Shri Rajender Singh has submitted that it is number safe to rely on the testimony of P.Ws.
In fact, he succumbed to the injuries the next day, namely, 9.6.1972 at 3.25 p.m. The post mortem examination was companyducted on the dead body of Jadon by Dr. S. Babbar on 10.6.1972 at 10.00 a.m. The police after investigation submitted charge sheet against the twelve accused persons, all of whom pleaded number guilty.
Shri Rajendra Singh, learned companynsel appearing for the appellants in Criminal Appeal No.
367, 368 and 369 of 1974 have been filed by the State against the acquittal of the eleven accused persons of the offences under Sections 147 and 148, Penal Code S.L.P. No.
Appellant Maqsoodan was companyvicted under Section 302 I.P.C. and sentenced to death.
The sentences of imprisonment were directed to run companycurrently.
After the assault, the miscreants left.
Appeals by special leave from the judgment and order dated the 18th October, 1973 of the Allahabad High Court in Criminal Appeal No.
It is the duty of the companyrt to remove the grain from the chaff.
Ka After lodging the FIR, P.W. 1 came back to the hospital where the injuries of all the four injured persons were examined by Dr. B.S. Babbar.
He lodged the FIR thereafter.
Appeal by special leave from the judgment and order dated the 18th October, 1973 of the Allahabad High Court in Crl.
The sentence of death imposed on Maqsoodan was reduced to imprisonment for life.
According to the prosecution, the accused persons were variously armed with Ballams, phrases and lathis.
Thereafter, P.W. 1 proceeded to the Police Station, Kotwali at Mathura and submitted a written First Information Report FIR about the incident.
The companydition of Jadon was very precarious.
They did number have any reason to omit the real culprits and implicate falsely the accused persons.
The First Additional Sessions Judge, Mathura, who tried the case, companyvicted eleven out of the twelve accused persons and acquitted accused No.
The accused persons were well known to the witnesses from before.
The companyvicts filed several appeals before the High Court of Allahabad.
The evidence of P.Ws.
175 of 1974, first submits that the companyviction of the four appellants is unsustainable in law he submits that the evidence of the four witnesses, namely, P.W. 1, Sulley, C.W. 1, Rajendra, P.W. 3, Vijay Kumar and P.W. 2, Jagdish, cannot form the basis of the companyviction as only one witness, namely, P.W. 2, Jagdish, out of five witnesses named in the FIR has been examined the eye witnesses examined are interested and their evidence cannot be safely relied on.
The High Court has found that the testimony of the eye witnesses, namely, P.Ws 1, 2, 3 and C.W. 1 suffer from numerous infirmities.
The driver of the lorry was one Than Singh.
It is number the number of witnesses examined number the quantity of evidence adduced by the prosecution that companynts.
W. 1 arranged for a lorry belonging to one Vishnu Chaubey and carried the injured persons to the District Hospital.
All these appeals will be disposed of by this companymon judgment.
1, 2, 3 and C.W.1 companyld have been accepted even without companyroboration.
There was little time lost.
Rajendra Singh, R.K. Garg B.P. Singh and Ranjit Kumar for the Appellant.
It may be remembered that P.W. 1 who lodged the FIR received as many as seven incised wounds, one of them being on the left chest he took Jadon, who had received sd serious injuries and who later on succumbed lo them, and C.W. 1, who received five incised injuries and W. 3, who has also seriously injured, to the hospital.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
AND Criminal Appeal Nos.
Dalveer Bhandari for the Respondent.
1307 of 1973 companynected with Crl.
In our opinion, on that ground alone, the testimony of P.Ws.
The Magistrate came and recorded the statements of P.W. 3 and W. 1 at 9.15 a.m. and 9.20 a.m. respectively.
Jadon and W. 3 were severely injured.
Another group of twelve or thirteen persons who were associates of the accused was standing at Vishram Ghat and some one was companystantly inciting the accused persons with the expression, kill, kill whereupon the accused persons attacked and assaulted Jadon, Vijay Kumar, Rajendra and Sulley.
Criminal Appeal No.
Appeal Nos.
Appeal Nos.
1, 2, 3 and C.W. 1 as the prosecution has number examined all the witnesses named in the FIR except Jagdish, number has the prosecution examined any of the neighbours.
The material facts may be briefly stated as follows On 8 6.1972 at about 5.45 or 600 a.m, when Sulley P.W. 1 along with his brother, Jadon deceased , his son, Rajendra C.W. 1 and his nephew Vijay Kumar P.W. 3 were going from their house in Neem Gali, Mathura, to their Dharamshala in Mohalla Bengali Ghat, via Vishram Ghat and reached the area called Shyam Ghat, they were waylaid by the twelve persons accused in the case and were assaulted.
The Judgment of the Court was delivered by BAHARUL ISLAM, J. These four Criminal Appeals are by special leave.
1307 and 1966 of 1973.
P. Rana and M.V. Goswami for the Complainant.
175 of 1974 is by the four appellants Maqsoodan, Madan Mohan, Prayagnath and Nando who have been companyvicted under Sections 302/34 and 307/34 Penal Code.
The infirmities referred to by the High Court companysisted in, according to the High Court, improvements made by the witnesses and variations in their earlier and latter statements.
As the companydition of the injured persons was serious, intimation was sent to Shri U.C. Tripathi D.W. 7 , Sub Divisional Magistrate, Sahabad, for recording their statements.
This, on the companytrary, shows that the witnesses examined were number tutored and they gave numberparrot like stereotyped evidence.
1287 and 1566 of 1973.
175 of 1974.
The High Court altered the companyvictions of Maqsoodan, Madan Mohan, Prayagnath and Nando, from under Sections 302/149 and 307/149 to ones under Sections 302/34 and 307/34 Penal Code.
It, therefore, sought support to their testimony from the two earlier statements erroneously called dying declarations, Exhibits Ka 22 and Ka 23 made by W. 3 Vijai Kumar and P.W. 2 Jagdish respectively.
We agree with the finding of the High Court that the presence and participation of appellants Maqsoodan, Madan Mohan, Prayagnath and Nando, who are appellants in Criminal Appeal No.
There was also a reference for the companyfirmation of the death sentence imposed on Maqsoodan.
766 of 1974 is by the State against the acquittal of Kanahaiya.
The occurrence took place at about 6.00 a.m. on 8.6.1972 It is numberodys case that the witnesses were unable to recognise the real culprits.
Criminal Appeals No.
The FIR was lodged at 6.30 a.m. at the Police Station and has been proved in this case as Ex.
The acquittal of Kanahaiya was affirmed.
12, Kanhaiya.
The other ten accused persons were companyvicted under Sections 302/149 and 307/149 P.C. and sentenced to imprisonment for life, each under Section 302/149 Penal Code.
Jadon was operated upon and his companydition was such that he companyld number make any statement.
As both the parties were inimical for a long time, it will be prudent to companyvict only those persons whose presence and participation in the occurrence have been proved by the prosecution beyond reasonable doubt.
