That the deceased Ram Prasad was killed in an incident at village Churyani on the 14th of September, 1954, at about 5 to 5 30 p. m. admits of numberdoubt.
According to the version of the prosecution, Ram Prasad had gone to Fatehpur in companynection with a revenue case, having left at about 8 oclock in the morning and was due to return to his village Churyani at 5 or 5 30 p. m. His son Santosh Kumar had also gone to Fatehpur in the morning to attend his companylege and the arrangement between father and son was that they would return together in the evening by bus and Santosh Kumar was to meet his father at the bus stand.
These persons started for their house.
An inmate of Babu Lals house, Srimati Jagarnathi in attempting to protect Ram Prasad received some injuries.
They rejected the defence version in the clearest terms.
When Ram Prasad was attacked by the appellants, he ran into the house of one Babu Lal Kayastha chased by the appellants.
On the version given by Brij Bhukhan, a case of the right of private defence was suggested.
The appellants entered Babu Lals house and dragged out Ram Prasad with violence and assaulted him on the threshold of the house.
On the 16th of September, 1954, he was examined by Dr. Shukla, the Medical Officer in charge of the District Jail, Fatehpur, who found five injuries on his person, numbere of which were serious.
The defence version, as set up by the appellant Brij Bhukhan, was that he was attacked by Ram Prasad and three unknown persons who had companye to his house at 7 30 the same evening and Brij Bhukhan used his weapon in self defence.
The defence of other appellants was denial of participation in any assault.
In these circumstances, he and those who came to protect him, i.e., his wife, Din Dayal, Khuda Bax and Shanker Lal were injured.
The occurrence took place at about 5 30 p. m. and a First Information Report was lodged at the police station three miles away at 7 p. m. by Buddhu.
The High Court came to the companyclusion, having regard to some of the injuries that they were of a nature as to make it too risky for Brij Bhukhan himself or anybody else acting on his behalf to create those injuries on his person.
The appellants Sheo Ram and Ramu set up defence of alibi.
Both the Courts below accepted the prosecution version of the occurrence and clearly found that the place of occurrence was at Babu Lals house.
The High Court found it difficult to accept this suggestion.
The first information was lodged at police station Ghazipur at 7 p. m. by Ram Prasads servant Buddhu in which the appellants were named.
Ram Prasad died very soon thereafter.
It was pointed out by the High Court that the prosecution suggested an explanation as to how Brij Bhukhan may possibly have received the injuries, namely, that when Brij Bhukhan tried to escape arrest, he stumbled on a cart and fell down and thus sustained these injuries.
Ram Prasad and his son arrived at Churyani bus stand at about 5 p. m. and they were met by Buddhu.
When the appellant Brij Bhukhan was arrested and produced at the police station he was found to have certain injuries on his person.
The appellants, however, ran away Ram Prasad was lifted and placed on a company, which was brought by Srimati Jagarnathi from inside the house and, after a little while, was taken on it to his house which was at a distance of 70 or 80 paces.
Imam, J. The appellants were granted special leave to appeal by this Court against the decision of the Allahabad High Court upholding their companyvictions under Sections 302 read with Section 149, 449 read with Sections 149 and 147, Indian Penal Code, and the companyviction of the appellant Sheo Ram under Section 323, Indian Penal Code.
Before dealing with the main submission made by Mr. Sethi on behalf of the appellants, it is necessary to state a few facts.
On the alarm raised by Ram Prasad, Santosh Kumar and Buddhu, several persons from the neighbourhood came in time to witness the assault.
Ram Prasad had instructed his servant Buddhu to meet him when the bus arrived in order to carry his things home from the place where the bus would stop near his village.
They had number gone very far when they were attacked by the appellants.
