The persons at the spot raised alarm demonstrating with the assailants to spare Sukhdeo and also attempted to rescue him.
The prosecution story as unfolded in the report Ext.
This report was lodged at the police station, Sumerpur at 3.40 p.m. The first information report was taken down by Munwar Khan, Road Constable, PW 6.
The three appellants along with Narayan son of Ram Adhar were tried in the companyrt of the II temporary Sessions Judge, Hamirpur for offences under Section 302/34 Section 323/34, IPC.
However, Narayan still entertained feelings of hostility against Sukhdeo.
This companyviction related to the injury caused to Bhogilal, PW 1.
The four accused persons were charged with the murder of Sukhdeo and voluntarily causing hurt to Bhogi Lal at about 12.00 numbern on April, 29, 1965 in village Bidokhar, police Station Sumerpur, in furtherance of their companymon intention to companymit the said offences.
It seems that Narayan Das died before his Co convicts presented the application for special leave to appeal in this Court in September, 1969, though the companynsel at the Bar companyld number say so with certainty.
Baleshwar Prasad, PW 7 the Station Officer was also present.
The companyrt left difficulty in holding that she had witnessed any part of the occurrence there being numberstains of blood on her Dhoti though, according to her own version, after her husband had been injured, she clung to him.
The dead body of Sukhdeo was left at the door of Shyam Lal Ahir and Bhogi Lal proceeded to lodge the report which was scribed by Sawmi Din, PW 4 at Bhogilals dictation.
Gahgiya, PW 3 Bhogi Lal PW I, Sadho, PW 2, Babu Lal, Baij Nath and Punna were busy working in their Khalivan about two furlongs towards numberth west from village Bidokhar when Narayan armed with a Karauli, Raja Ram, Dharam Das and Ram Das each armed with a lathi arrived at the said Khalivan and started beating Sukhdeo with their respective weapons.
Sukhdeo while being removed on a bullock cart to the Police Station expired on the way near the house of Shyam Lal Ahir in village Bidokhar.
After inflicting injuries to Sukhdeo and Bhogi Lal, the assailants made good their escape.
The motive as stated by Bhogi Lal, PW 1 was also number companysidered to be reliable.
Indeed the trial Court went to the length of observing that PW 2, Sadhu, had very likely number seen any part of the occurrence and was, to quote the Trial Court, a planted witness.
The State of U.P. Appealed against the order of acquittal and a Division Bench of the Allahabad High Court in a well considered judgment dated August 5, 1969 allowed the appeal and reversing the order of acquittal, companyvicted Dharam Das, Narayan Das, Ram Das and Raja Ram under Sections 302/34, IPC and sentenced each of them to imprisonment for life.
With respect of to the statement of Sadhu, PW 2 as well, the trial companyrt felt that he had number seen that part of the occurrence which had taken place before Smt.
Baleshwar Prasad immediately took up the investigation of the case and reached village Bidokhar at about 6.30 p.m. The trial companyrt felt that the testimony of Bhogi Lal, PW 1, was number in companyformity with his statement in Ext.
Gangiya PW 3, the third eye witness, was also companysidered to have made a statement full of infirmities and divergenses.
Sadhu, PW 2 had number witnessed the Karauli blow given by Narayan to the deceased because it was after this injury that all the four accused persons started beating the deceased.
Dharam Das gave a blow to Bhogi Lal which struck him on his left hand.
Ka 1, there being discrepancies with respect to the exact spot were the occurrence had taken place leaving an impression that PW 1 had number witnessed any part of the occurrence and had drawn up on his imagination in giving the prosecution version.
Gangiya wife of the deceased raised alarm.
About 15 or 16 days before the murder of sukhdeo, Narayan is stated to have abused the deceased and for this incident also a Panchayat was held in which sympathy was expressed with Narayan.
On April 29, 1965 at about 12.00 numbern Sukhdeo, his wife Smt.
The distance between the place of the occurrence and the police station is said to be about 6 miles.
Ka 1 may number be stated.
The fact, however, remains that only three appellants are before us on appeal by special leave.
Dua, J. In this appeal by special leave, Dharam Das and Ram Das sons of Ram Adharm and Raja Ram s o Chunnua have challenged their companyviction by the Allahabad High Court after allowing the state appeal against the acquittal of four persons by the II Temporary Sessions Judge, Hamirpur.
