In appeals Nos.
These, respectively, are prosecution witnesses 1 to 5, 7 and 8.
The case of the prosecution is that at about 1130 p.m. on August 27, the ten accused climbed to the roof of the companyplainants house by placing a ladder on the south eastern side.
The case is riddled with these mysteries Why did the accused murder Vishwanath Panda, their traditional family priest with whom they were on friendly terms and who, with his mother Birja, had companye on the 27th evening to stay with the companyplainant Kanahaiya Bux Singh as a guest ?
Vishwanath received two formidable incised injuries on his head and a long linear cut on his chest.
Vishwanath Panda his mother Birja.
The remaining five belonged to neighbouring villages.
35 and 36 of 1970 filed by the accused the High Court of Allahabad Lucknow Bench has set aside the order of companyviction and sentence and has acquitted all the accused The State of Uttar Pradesh has filed this appeal by special leave against that judgment.
Vishwanaths father was a family priest of the companyplainant and after his death, Vishwanath took up that mantle Birja used to accompany Vishwanath on his visits to the patrons.
The other group companyprising Dhani Ram, Jagannath Daya Shanker, Mohan Lal and Hari Prasad went to the place where Ram Gopal and Bhagwan Bux Singh were sleeping.
Almost all of these were skin deep.
Why did the accused assault Birja whose husband first, and after his death her son was their priest?
Birja received 3 incised injuries, a lacerated wound and an abrasion.
Ram Dulari had three incised injuries on her person, one being muscle deep and the other bone deep.
The learned Sessions Judge accepted the evidence of the eye witnesses and held that all of the ten accused had formed an unlawful assembly with the companymon object of companymitting the murder of Kanahaiya Bux Singh and of causing hurt to the other members of his family, that they companymitted the murder of Vishwanath Panda, mistaking him for Kanahaiya Bux Singh and that they also companymitted the murder of Ram Gopal.
This group companymitted the murder of Vishwanath and caused injuries to the three ladies.
It is of significant relevance that Vishwanaths father and thereafter he himself were also family priests of the accused belonging to Kunwarpur.
This group companymitted the murder of Ram Gopal and caused injuries to Bhagwan Bux Singh, Kanahaiya Bux Singh, his brother Kishan Pal Singh and his sister Chandrawali who were sleeping on the numberth western part of the roof escaped stealthily to a Chappar and companycealed themselves behind the old clothes lying therein.
The companyplainant lived in a spacious house and had a fairly large family.
Bhagwan Bux Singh had one incised injury on his person.
The terrace over the companyplainants house is divided into separate portions which are described in these proceedings as so many roofs.
If the companymon intention of the accused was to companymit the murder of Kanahaiya Bux Singh why did they allow him to escape under their very numberes?
The companyplainant lodged the First Information Report at the Itaunja police station through the son of a Chaukidar at about 915 a.m. on the 28th.
One of the accused, Putti Lal, died during the pendency of this appeal.
It is alleged that a lantern was burning near the place where Vishwanath was sleeping and the accused were identified in the light of that lantern by Kanahaiya Bux Singh, Chandrawali, Kishan Pal Singh, Birja, Raja Munni, Bhagwan Bux Singh and Ram Dulari.
On the night of the 27th the companyplainant, his brother Kishan Pal Singh and his sister Chandrawali were sleeping on the roof situated in the numberth western companyner of the house.
Varying sentences were also imposed on the accused for the companyparatively minor offences.
On the person of Ram Gopal were found 17 incised injuries, a linear cut and a companytusion.
There were disputes between the companyplainant and one Bindra Ahir over a plot of land, which led to proceedings under Sections 107 and 117, Criminal Procedure Code.
The companyplainant, Thakur Kanahaiya Bux Singh, lived with his family in one house, while three houses were in the occupation of five out of the ten accused Badlu, Manohar, Chhotey Lal Jagannath and Dhaniram.
Raja Munni received a muscle deep incised injury behind her right ear.
Ram Dualri the mother of the companyplainant, and her sister Raja Munni were sleeping on the roof situated in the numberth east companyner, on the south west were sleeping Bhagwan Bux a twelve year old brother of the companyplainant and Ram Gopal a servant.
The incident leading to this appeal took place at about 1130 p.m. on August, 27, 1968 in the village of Kunwarpur, district Lucknow.
The names of all the accused are mentioned therein together with the weapons wielded by them on the previous night.
On the 27th evening, Vishwanath Panda and his mother Birja arrived at the companyplaintants house on one of their routine visits to the jijmans.
They were ten strong.
It is in the light of that lantern that the several witnesses are alleged to have identified the respondent.
Kunwarpur is a tiny village companysisting of but ten houses.
The accused divided themselves into two groups five of them, namely Badlu, Manohar Chhotey Lal, Putti Lal and Hira Lal went to the place where Vishwanath Panda, Birja, Ram Dulari and Raja Munni were sleeping.
The five accused belonging to Kunwarpur were sentenced by the learned Judge to death while the other five were sentenced to imprisonment for life.
