The said two respondents caught hold of his hands and respondent 1 plunged his knife deep into the back of Nirmaljeet.
Respondent No.
On February 16, 1973 at the instigation of the respondents, it is said, one Balram a student of class IX A went to the class room of VII B and gave a few slaps and blows to Birendra Bahadur, P.W. 8 who is a resident of Naugawan Teer.
1 was companyvicted under Section 302 of the Penal Code and sentenced to death.
1 was also made by the Sessions Judge.
Thereupon, the respondents are said to have given a threat to Nirmaljeet Singh.
The High Court has rejected the reference allowed the appeal and acquitted all the three respondents.
Hence this appeal by the State.
There is a companylege known as B.P. Intermediate College at Kurwar, P.S.Kotwali, in the District of Sultanpur.
Several students from different villages were reading in the various classes of the companylege, including the respondents, the deceased, his brother P.W. 1 and some other P.Ws.
The dead body of Nirmaljeet was taken in a bus to the Police Station, nine miles aways and the First Information Report was lodged by Bimaljeet at 2.00 P.M. The respondents denied their companyplicity in the occurrence.
The deceased had associated himself with the former faction.
The respondents belonged to the latter group.
The respondents filed an appeal in the Allahabad High Court and a reference for the companyfirmation of the death sentence imposed upon respondent No.
After receiving the knife blow, Nirmaljeet staggered, fell down and companylapsed immediately,The occurrence was witnessed by Bimaljeet, P.W. 1, Rajendra Prasad Singh, P.W. 2, Siya Ram, P.W. 3 and Mangla Rai, P.W. 4.
A day later on February 17, 1973 when the Tiffin interval started at 1.00 P.M. students came out in the play ground of the companylege.
Bimaljeet denied the suggestion.
There existed a bad blood and enmity between the two factions and groups of students one hailing from village Naugawan Teer and the other belonging to village Dharain.
At that time in the field, respondents 2 and 3 instigated respondent 1 to assault Nirmaljeet.
Nirmaljeet Singh intervened and rescued Birendra Bahadur.
All the three were tried by the Sessions Judge of Sultanpur for the offence of companymitting the murder of Nirmaljeet Singh, brother of Bimaljeet Singh, P.W. 1.
L. Untwalia, J. In this appeal by special leave filed by the State of Uttar Pradesh, there are three respondents 1 Mohammad Musheer Khan 2 Mohammad Shamim Khan and 3 Siraj Ahmad Khan.
The other two respondents were companyvicted for the said offence with the aid of Section 34 and each of them was awarded a sentence of life imprisonment.
