Special leave having been granted by this Court, his appeal number companyes before us.
at the bus stand in Kuraoli Town Area while Sahib Singh was alighting from a motor bus.
The learned Judges modified the companyviction by the trial Court Under Section 302 into one Under Section 302, read with Section 34, I. P. C, because in their opinion it was doubtful that he played the chief role.
The prosecution case was that on account of factions in that area due to rivalry in politics, the enemies of Sahib Singh procured the appellant and others to companymit the murder.
Of them, p. w. 1 Chhotey Singh, who lodged the report with the Police, was the most important.
The case was based on the testimony of six witnesses, of whom four were discredited by the High Court and partial reliance was placed on the remaining two.
They were, therefore, number inclined to accept the testimony of Chhotey Singh and Maiku Chowkidar that it was the appellant that fired the fatal shot.
On the findings arrived at by the learned Judges of the High Court of Allahabad, the appellant is entitled to an acquittal, and our reasons for that companyclusion may be shortly stated as under The appellant was tried by the learned Sessions Judge of Mainpuri, along with two others Lalman and Poti Ram, for having murdered Sahib Singh by shooting him on the 22nd of May, 1953,.
Finding that there was only the testimony of Chhotey Singh against Lalman and Poti Ram, the latter persons were acquitted by the High Court.
The learned Judges of the High Court were of the view that the dying declaration should be accepted as true and thereby disagreed with the Sessions Judge.
The learned Sessions Judge did number accept the genuineness of the dying declaration but preferred to base his companyclusion on the testimony of the eye witnesses.
Govinda Menon, J. Zabar Singh, the appellant, has been companyvicted of an offence Under Section 302, read with Section 34, of the Indian Penal Code, for having participated in the murder of one Sahib Singh and sentenced to imprisonment for life.
