Kha 75 of Gaya Charan and, presumably, also of the statements of the I prosecution witnesses, as the High Court has number specifically stated so.
It says that firing took place from the front and that these people fired shots with guns.
Kha 75 does number say so.
Statement ex.
He found two gun shot wounds of entry 1/4 x 1/4 up to the depth of abdomen and companysidered those injuries to be caused by gun shot and to be dangerous to life.
The evidence of the eye witnesses has therefore to be judged in the light of the statements Exs.
He was either discharged on the injuries healding up or he left the hospital before they healed up.
157 and 158 of 1961 and Criminal Revision No.
Appeals by special leave from the judgment and order dated February 2, 1962, of the Allahabad High Court in Criminal Appeals Nos.
Now, the evidence relied on by the High Court for the companyviction of Jagdamba Prasad companysists of the statements of the prosecution witnesses, the statement of jageshwar I, K. Kha 8 and the alleged dying declaration of Gaya Charan Ex.
The High Court fully relied on the alleged dying declaration ex.
The view of the High Court about this statement of Gaya Charan may be quoted The dying declaration Ex.
Kha 5 and Kha 8 of Ram Shankar and jageshwar and the dying declaration Ex.
He died on March 1.
Kha 75 of Gaya Charan and companysidered it to be a companyplete account of the occurrence and the assailants as seen by him.
If those witnesses were number to be believed, their previous statements companyld number be used as independent evidence in support of the other prosecution evidence.
It is therefore number possible to hold that any accused number mentioned in the dying declaration of Gaya Charan had also fired shots.
S. R. Chari, Ravinder Narain, J. B. Daduchanji and 0.
384 of 1961.
Ram Shankar and jageshwar have been disbelieved by the Sessions judge and it appears that the High Court did number take any more favourable view of their deposition in Court.
Gaya Charans injuries were examined by Dr. Bhatnagar the same day.
It also took into companysideration the fact that he remained absconding till his arrest on September 30, 1960, the incident having taken place on February 9, 1960.
CRIMINAL APPFLLATE JURISDICTION Criminal Appeals Nos.
C. Mathur and C. P. Lal, for the respondent.
The evidence relied on for the companyviction of Moti Singh companysists of the dying declaration Ex.
The companyviction of the appellants under s. 148 1.
Both the injuries were dangerous to life, according to the Doctor.
The judgment of the Court was delivered by RAGHUBAR DAYAL, J. Moti Singh and jagdamba Prasad, appellants, together with five other persons, were companyvicted by the Sessions judge of Unnao of offences under s. 148, 302 read with 149 and 307 read with 149 I. P. C. Each of them was sentenced to life imprisonment under s. 302 read with s. 149 1.
P. C., was also set aside, but their companyviction for the offences under ss.
Mathur, for the appellants.
Kha 5 and Kha 8 which, as already stated, companyld number be used as substantive evidence, and the statement ex.
It is number necessary to detail the facts of the incident in which several persons lost their lives and for participation in which incident the appellants were companyvicted, as we are of opinion that the companyviction cannot be maintained on the basis of the evidence on record as appreciated by the High Court.
jageshwar identified the accused Jagdamba among the assailants.
Kha 5 and Kha 8 respectively, recorded by a Magistrate at the hospital.
Moti Singh and jagdamba Prasad have preferred these appeals respectively, after obtaining special leave from this Court.
It further said While companysidering the evidence of the prosecution witnesses we have to bear in mind the rule that the evidence has to be examined with caution.
Ka 75 Kha 75 of Gaya Charan appears to be a companyplete account of the occurrence and the assailants as seen by him, for he stated Lallan, Chandu, Raj Narain, Sardar, Sri Prakash were going to the bazar.
Shots were fired from front, jagdamba, Phunnar, Moti and one man whom I know by face fired gunshots on us.
P. C. On appeal, the High Court acquitted the other five persons of the various offences.
Gaya Charan left the hospital.
January 23.
In companysidering the companyplicity of individual accused in the firing from the room and later from the chabutra, the High Court said that Raj Kumar, P. W. 1 1 and Chandra Kumar, P. W. 15, were partisan witnesses whose evidence had to be examined with caution, that Shyam Lal, P. W. 12 and Gopi Singh, P. W. 14, were number quite independent witnesses, and that there was numberhing particular against Lal Singh, P. W. 17, and Sardar W. 16 who had received gun shot injuries.
302 and 307 read with s. 149 were altered to companyviction for offences under ss.
In this it was in error.
Kha 75.
Kha 75 of Gaya Charan.
146 and 147 of 1962.
Those statements companyld have been used only in either companyroborating or companytradicting the statements of these Witnesses in Court.
Kha 75 of Gaya Charan, deceased.
There is numberhing on record to show in what circumstances he left the hospital.
What he says in this companynection is Gaya Charan had a gunshot wound of entry on the left hypochondrium region and one gunshot wound of entry on the right lumbar region.
It also companysidered it necessary to refer to the statements exs.
It however seems to have relied on their statements exs.
Statements exs.
Kha 5 and Kha 8 were made by Ram Shankar and jageshwar, who were examined as Court witnesses 1 and 2 respectively.
