Mainpuri.
He companyld number meet the A.D.O. as he was out of station.
On February 25, 1968 the deceased came to Bewar in the evening to meet the A.D.O. in companynection with an enquiry on a companyplaint made against Munshi Lal Pradhan of the village.
were terrorising the weaker and poorer sections of the village companymunity and declaring openly that they would kill the deceased to silence his opposition for ever.
The accused surrendered on March 12, 1968, and it appears that an application was filed by the advocate on their behalf that they be kept ba pardah as they might claim identification.
Appeal by special leave from the judgment and order dated September 26, 1969 of the Allahabad High Court in Criminal Appeal No.
The Additional District Magistrate Judicial passed the following order on the application, on April 20, 1968 As charge sheet has already been received and the accused have been named by P.Ws.,
As many as 34 injuries were found on the deceased at the postmortem companyducted on his body on the same day at about 3 p.m. The prosecution case in brief is as follows It is companymon ground that there was great enmity between the deceased and Laturi Ahir and his sons, the two appellants.
In the First Information Report, in the second companyumn, under the heading Name and residence of accused, it was stated as follows Jadu Nath Singh, fathers name number known and Girand Singh fathers name number known.
The learned Sessions Judge believed the evidence of Prem Narain, companyroborated as it was by the injuries sustained by him in the companyrse of the occurrence at the hands of one of the assailants, namely, Girand Singh.
On his raising the alarm Mahesh Chandra and Dwarka Prasad who were companying along the same road came and they shouted at the appellants.
According to Prem Narain, both of them got up in the morning at 6.45 a.m. and since it was Shivratri that day the deceased did number take any food and they left for the bus stand at Bewar.
When they reached the house of Kotwal Singh on the way, both the accused attacked the deceased with chhuri and knife, respectively Jadunath had the chhuri and Girand Singh had the knife.
The First Information Report was lodged at 8 a.m., the Police Station being only two furlongs from the scene of occurrence.
The deceased died on the spot.
1037 of 1969 and Referred No.
In order to appreciate the points raised before us by the learned companynsel for the appellants it is necessary to state a few facts.
After finishing his meal at about 8 or 8.30 p.m. on 25 2 68 the stomach companyld have got empty by 2 or 2.30 a.m. The digested food material should have companye in the small intestine by about 2 or 2.30 a.m. Complete digestion takes place in the small intestine And if he had answered the call of nature the preceding evening fully and companypletely, even then the small and large in testines might be half full and stomach empty if he had taken puries with vegetable at 8 p.m. on 25 2 68.
When they reached the bus stand at about 7.10 a.m. they found that the bus for Etah via Sultanganj had already left.
Yogeshwar Prasad, S. K. Bagga and Sureshta Bagga, for the appellants.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
He also believed the evidence of Mahesh Chandra, P.W. 2, and Dwaraka Prasad, P.W. He relied on the fact that the appellants had absconded immediately after the crime and had only appeared before the Court as late as March 12, 1968, after proceedings under ss.
On the deceased falling down both accused persons attacked him with their respective weapons.
The Judgment of the Court was delivered by.
55 of 1970.
Both the deceased and Prem Narain were unarmed.
The next bus was due to go at 9.30 a.m. but, as the deceased thought that he companyld get a seat in some truck near the Prem Hotel and the Octroi barrier, they left the bus stand for the Octroi barrier.
It may be submitted that they are named in the F.I.R. and charge sheet against them has also been received.
The deceased apprehended danger to his life from them, and on November 23, 1967, be sent an application to the Superintendent of Police, Mainpuri, alleging that Laturi and his son, Jadunath, Brahma, Panna Lal and Anokhey, et.
82 of 1969.
Another application was put in on March 25, 1968, in which it was stated that the witnesses other than Prem Narain were strangers and they applied that there should be an identification parade.
87 and 88 of the Code of Criminal Procedure had been taken against them.
On hearing the, cries of the deceased Prem Narain asked the appellants why they were attacking the deceased.
He stayed during the night with Prem Narain, P.W. 1, who happened to be a brother inlaw of his companysin Gulati Ram.
Appellant Jadunath Singh was sentenced to death by the Sessions Judge and appellant Girand Singh was sentenced to undergo imprisonment for life.
Ahirs by caste, residents of Garhia Kishunpur S. Bewar, Distt.
It is alleged against the appellants that on February 26, 1968, at about 7.30 a.m., in furtherance of their companymon intention, they murdered one Ram Swarup Pandey by repeatedly stabbing him to death, when he was passing on the Grand Trunk road in the town of Bewar to catch a truck.
He prayed that an enquiry may be made and suitable action taken against them.
P. Rana, for the respondent.
Sikri, J. This appeal by special leave is directed against the judgment of the High Court of Judicature at AllAhabad companyfirming companyviction of the two appellants by the Sessions Judge, Mainpuri, under s. 302/34 of the Indian Panel Code.
On hearing their shouts the accused ran away.
Then Girand Singh, appellant, advanced towards him and gave a knife cut at his right wrist.
