Ultimately Bhim Singh PW6 recorded her statement on 28.7.1979.
PW2 and PW3 were 4/ 4 declared hostile as they did number support the case of the prosecution.
It is stated that both of them have since died.
Ganga Singh attempted to run away but fell down dead after companyering a few paces.
PW5 A.P.Tiwari, Sub Inspector of Police companymenced investigation and reached the spot at 10.00 A.M. He found the dead body of Ganga Singh lying in front of the shop of Ram Swaroop.
This companyduct of the prosecution also gave rise to serious doubt whether Smt.
The presence of PW1 was sought to be justified on the reasoning that she was waiting for a bus to go to Shahjahanpur where she was being treated.
Ultimately Shri Krishan and two others were put up for trial before the First Additional Sessions Judge, Shahjahanpur who, as earlier numbericed, companyvicted and sentenced the respondent and two others under Section 302/34 IPC.
There was thus, a delay of almost 13 days in recording the statement of the informant under Section 161 Cr.
He performed the inquest on the dead body and sent the dead body for post mortem examination.
With the assistance of companynsel appearing for the parties, we have gone through the judgment of the High Court and the material placed before us.
The prosecution produced numberevidence to show that she was required to go to Shahjahanpur in companynection with her treatment.
It may be numbericed that two other persons namely Ram Chander 2/ 2 and Ram Das were put up for trial along with the respondent herein namely, Shri Krishan.
P.C. Moreover, the High Court found the explanation given by the investigating officer rather unconvincing.
Bitoli, wife of the deceased, PW2 Suraj Prakash who had a tea stall near the place of occurrence and PW3 Ram Swaroop, who had a tailoring shop near the place of occurrence.
Bitoli PW1 were sitting on the chabutra of Ram Saroop Tailor waiting for a bus to go to Shahjahanpur, since PW1 was getting medical treatment at Shahjahanpur and they used to go there to take medicines.
Ram Das caught hold of Ganga Singh, the deceased, while Shri Krishan respondent and Ram Chander assaulted him with knives.
The High Court also examined her evidence and found that there were significant improvements made by her at the trial.
Bitoli 3/ 3 PW1 thereafter rushed to the police station and lodged the first information report at 9.30 A.M. at Police Station Powayan which was at a distance of two miles from the place of occurrence.
Suddenly, the respondent Shri Krishan, together with Ram Chander and Ram Das since deceased appeared on the scene.
The prosecution case was that at about 9.00 A.M. on 15.7.1979 the deceased Ganga Singh and his wife Smt.
The prosecution examined three eye witnesses namely, PW1, Smt.
The High companyrt, by its aforesaid judgment and order, set aside the judgment and order of the Trial Court companyvicting the respondent of the offence under Section 302/34 IPC and sentencing him to undergo imprisonment for life.
P.SINGH,J. In this appeal by special leave the State of U.P. has impugned the judgment and order of the High Court of Judicature at Allahabad dated December 1, 1998 in Criminal Appeal No.888 of 1980.
Bitoli PW1 was really an eye witness and had seen the occurrence and named the assailants.
