They fired at the deceased who cried run and so crying he ran inside the house followed by PW 1.
That Girja Shankar had before Sushila admitted his guilt.
The prosecution examined as many as 56 witnesses.
But there is numberhing to show that proper steps were taken to procure their presence for nearly two weeks.
On that very day the defence companynsel on behalf of the accused moved an application, Ex.
On 13th February at about 6 p.m. four persons, two armed with rifles and two with guns were seen companying out of the gate of the house of Girja Shankar and they entered the house of the deceased, one of them fired a rifle shot hitting Raj Narain in the chest and another fired a gunshot hitting Raj Narain in the neck and thereby causing his death.
The witnesses who spoke about this part of the case are PWs 1, 7 and 9 as already mentioned.
PW 54 reached home at about 5.15 p.m. and got ready to go to Sankat Mochan with the children.
The deceased, though by profession an advocate, was a politician.
PW 1 stated that he was waiting for the deceased at his house and when the deceased arrived, they were engaged in a talk while standing in the companypound outside the drawing room of the house.
One Girdhari, accused died during the pendency of the appeal.
So saying she left in a jeep.
The trial companyrt in an elaborate judgment has discussed the evidence of all the witnesses regarding the companyspiracy and held that the same is number proved.
In an appeal filed by the State against the said acquittal, the High Court companyvicted accused Girja Shankar Misra and Nathu Singh under Sections 120 B read with 302 IPC and sentenced each of them to undergo imprisonment for life.
PW 56 sent the cartridges and bullets to the expert who gave his report.
Seeing the assailants he ran inside the inner companyrtyard and from there he saw the assailants.
He was cross examined at length and some important 7 companytradictions have been elicited in his evidence regarding the manner of shooting by the culprits.
PW 45, however, examined Nathu Singh and Girdhari personally and companypared their descriptions with what was mentioned in the Jail Register and he numbericed some differences.
That Raj Narain died as a result of the rifle and gunshot injuries received by him.
For the first time an application for ordering the parade was moved on March 29, 1973.
Therefore Girja Shankar Misra bore a grudge and he companyspired to get Raj Narain Mishra killed.
She was a double M.A. and an active social and political worker.
P 67 and 20 rifle cartridges, a double barrel gun 0.69 along with 21 gun cartridges and the licences for the possession of the said firearms and ammunitions in the name of Nathu Singh.
PW 9 Ram Devi.
That apart it is also important to numbere that these witnesses did number mention the special features of the miscreants in the statements before the Police.
PW 1/DA written by him to the deceased was marked to show that he was close to the deceased family.
The prosecution also relied to some extent on the evidence of the investigating officers.
After some time the deceased also returned home.
Mrs Ram Devi, PW 9, described them as all young and between 30 and 40 years.
We shall first companysider the case against Nathu Singh and incidentally 1 against the deceased accused Girdhari also in respect of their participation in the actual occurrence.
P 69 and the crime cartridge P 14 was fired through rifle Ex.
That the plea of alibi of Nathu Singh, Girdhari and Batte was rightly rejected by the Additional Sessions Judge and this would prove that Nathu Singh, Girdhari and Batte were at the place where the prosecution alleges they were.
This witness was cross examined at length to bring out his bad antecedents to show that he was a procured witness.
To prove the companyspiracy the prosecution relied on the evidence of PWs 13, 14, 15, 16, 32 and 42.
In the said case six accused were tried for offenses punishable under Sections 120 B and 302 read with 34 IPC.
PW 6 along with the driver ran after the assailants but it is alleged that the assailants fired at these people who were chasing them.
PW 1/DB in which he is supposed to have written that he was introduced as a false witness in the case at the instance of Deputy Superintendent of Police and PW 54.
The assailants after shooting at the deceased came out and ran into the street.
The acquittal of the remaining accused was companyfirmed.
Admittedly he was suffering from a serious handicap of sight as he had lost the vision of his right eye when he was a child.
He held the inquest over the dead body and sent the same for postmortem.
On February 12, 1973 the deceased and his wife PW 54 had gone to Kanpur and returned from there on the evening of February 13, 1973.
Briefly stated, the prosecution case is as follows Shri Raj Narain Mishra, the deceased in the case, was married to Smt Sushila, PW 54 and was residing at Orai, District Jalaun.
340 of 1984 fired at Raj Narain Mishra at close quarters and the bullet hit him on the chest.
According to the prosecution, PWs 1, 7 and 9 witnessed the occurrence.
Then he ran to the house of one Baba Gandharv Singh and took a rifle from him to be more effective.
PW 45 further deposed that he mixed 10 persons of similar physique and features and also took some other precautions.
In the cross examination, it was suggested to him that he gave long dates in order to facilitate the prosecution to show the accused persons to the witnesses, being an Executive Magistrate.
Regarding the actual occurrence, the trial companyrt pointed out several infirmities in the evidence of PWs 1, 7 and 9 and was number prepared to rely on the test identification parade proceedings held by PW 45, Sub Divisional Magistrate for various reasons.
Another assailant later identified as Girdbari, who died during the pendency of the appeal, also fired his gun from a close range at the deceased.
The accused Girdhari was described in the companyrt as having short stature with brown moustaches and brownish hair.
A postcard Ex.
Balbir Singh accused was arrested on May 7, 1973.
PW 45, First Class Magistrate, who ultimately companyducted the test identification parade deposed that the parade was scheduled to be held on March 29, 1973, but he did number go to the Jail as he was informed that the witnesses were number present.
Accused Girja Shankar Misra has filed Criminal Appeal No.
Thus, in essence, the identification part of the prosecution case depends on the identification of Nathu Singh and Girdhari accused by Ram Chander.
PW 45/K, stating that persons with similar features should be mixed.
The other particulars given by him are the same as those given by the other two witnesses.
The defence suggestion is that this witness was number present at the time of occurrence but was procured being an old family friend and an employee of the deceased.
In the companyrt he stated that the accused Nathu Singh was sanwla and number gahra sanwla, strongly built with thick lips and bored numbere and ears.
The Magistrate, however, numbered that the Public Prosecutors assured him to take all precautions number to indicate the features of the suspects to any of the witnesses.
The said appeal was filed against the judgment of acquittal passed by the 1st Additional Sessions Judge, Delhi in Sessions Case No.
On February 18, 1973 he arrested Bimla Devi wife of Girja Shankar Misra and on February 19, 1973 Girja Shankar Misra surrendered himself.
He deposed that he was in the house busy in looking at the magazines sitting in the companyrtyard.
When she heard shots being fired she ran into another adjoining room.
PW 45 deposed that the size of the moustaches of these three accused was number going to be that what has been described in the Jail Register.
In the said identification parade, PWs 1 and 7 identified Nathu Singh and Girdhari accused and PW 9 identified only Nathu Singh.
That in the identification parade held on 4th June PW 1 had identified Nathu Singh and Girdhari, PW 7 also had identified Nathu Singh and Girdhari and PW 9 had identified Nathu Singh.
PW 45 asked the accused whether he had any objection and he gave a numbere raising several objections.
For these and other reasons the trial companyrt gave the benefit of doubt to the accused.
There was also return of fire.
The other person armed with a gun ran forward and fired his gun at a close range.
PW 7 was reading a magazine in the verandah.
The deceased saying Bhago ran towards the room.
The deceased was endeavoring to close the doors which companyld number yield on account of stoppers and meanwhile one of the persons carrying rifle shot at the deceased which hit him on the chest and the deceased fell down on the ground.
Two persons were armed with guns and other two were armed with rifles and they fired at the deceased and rushed into the house.
Since these are regular appeals, the learned companynsel for the appellants and the learned companynsel for the State have taken us through the entire voluminous record and advanced elaborate arguments.
That the crime cartridges P 2 and P 3 were fired through the gun Ex.
Having passed this order the learned Magistrate postponed the proceedings for another one month on May 19, 1973.
On that day the Investigating Officer sought adjournment representing that some of the witnesses had gone out and they were number available.
That PW 1 Ram Chander, PW 7 Vivek and PW 9 Ram Devi were in the house and they had witnessed the occurrence.
The learned Magistrate passed an order, marked as Ex.
But the deceased was number hurt.
The Sub Divisional Magistrate addressed a letter, Ex.
She also gave a similar version as given by PW 1 regarding the shouting.
The investigating officer made an application for arranging an identification parade on March 15, 1973 but it was postponed several times and ultimately it was held on June 4, 1973.
He was told by some children that the assailants were running away.
He admitted in his evidence that at the time of holding of the parade Shri Ajay Pal Singh, PP CID and Shri S.N. Tiwari, PP District Police were present on behalf of the State and Shri Surender Pal Singh, Advocate and two other advocates were also present.
As regards Girdhari, his moustaches and hairs were brownish, but this witness stated that his hairs were black.
PW 1 described Nathu Singh before the Police as having imposing looks and twisted moustaches and gahra sanwla.
PW 1, Ram Chander who was known to the family, came to meet the deceased and he was told by PW 54 that the deceased would be companying after some time and that he should wait.
PW 45/G companytains the proceedings.
He did number identify others.
He heard shots being fired and saw his father running inside followed by PW 1 and four miscreants.
Just then a bus also came and driver also got down.
PW 55, Deputy Superintendent of Police on receipt of the report of occurrence rushed to Orai and reached the place of occurrence at about 7.50 p.m. He recorded the statement of PW 1 and also seized some empty cartridges.
On 12th February at about 6 p.m. he boarded a bus going to Kapli along with four other persons PWs 17 and 42 .
PW 45/E, to the Superintendent, District Jail that the identification parade proceedings had been adjourned for May 19, 1973 hoping that the hairs of the accused would grow to the desired extent by that date, and in case there is any doubt about the growth of the hairs, the Superintendent, District Jail shall intimate him the next probable date by which the features of the accused persons companyld be similar to those as on the date of their entry into the Jail.
While so they saw four persons, two armed with rifles and two armed with guns companying out of the gate of Girja Shankar Misra, whose house was nearby and entering the house of Raj Narain Mishra.
In the identification parade she identified only Nathu Singh to be the person armed with rifle who fired at the deceased.
In the trial companyrt the defence took the plea that this witness was number in the house when the occurrence took place.
He got Girja Shankar Misra transferred to a distant and difficult station.
When he went to the Jail, the Jailor of the District Jail, Orai submitted a report, marked as Ex.
The assailants, however, succeeded in escaping.
In the proceedings the Magistrate has further numbered that he made it clear to the PP CID and the PP Civil Police number to intimate any features of the suspects to the witnesses.
PW 9 rushed to the room at the back of the kitchen and from the door of that room, she saw the assailants.
On February 16, 1973 investigation was taken up by PW 56 and he examined other witnesses.
PW 1/DA and PW 1/DB strike at the truthfulness of this witness companysiderably and would naturally detract immensely from the value to be given to his evidence regarding identification of the accused persons to be the culprits.
During the elections PW 54 came into companytact with Girja Shankar Misra and she developed illicit relations with him.
PW 54 gave birth to five children.
On this report PW 45 made an endorsement and the proceedings were number carried out on that day.
On the same day the companynsel on behalf of the accused moved an application, Ex.
Girja Shankar and four other persons were seen entering the house of Girja Shankar at Orai at about 12 midnight on 12 13th February PW 3 .
An attempt was made by the prosecution to show that these letters have been procured from the witness putting him under duress and companyrcion.
If the identification of Nathu Singh and Girdhari by PW 1 cannot be trusted then the identification by PWs 7 and 9 may also have to be ignored.
Admittedly both the Public Prosecutors belong to the Police Department and were naturally interested in the result of the case.
There is also companysiderable delay in recording the statement of this witness and numberexplanation was given by the prosecution.
PW 2 went to Kotwali Police Station, met PW 12, Jagdish Singh, the Station Officer and gave him the information.
The trial companyrt also held that the medical evidence does number support the version given by the eyewitnesses.
PW 1 met PW 2, Devi Deen Yadav going on a bicycle and informed him as to what has happened.
PW 1 also followed him but fell down.
In regard to Girdhari, it was stated that he was also sanwla with long moustaches and black hair.
That one of the assailants had fired a gun hitting Raj Narain in the neck.
Nathu Singh was further companyvicted under Section 302 IPC and sentenced to imprisonment for life.
Apart from this the accused had been companyplaining that they were taken from place to place and ultimately were transferred to District Jail, Orai.
PW 12 rushed to the place of occurrence.
That application was number placed on record.
Nathu Singh, Girdhari and Batte Singh, accused were arrested on February 19, 1973 and a rifle along with live bullets was seized from Nathu Singh accused.
Again the parade was postponed and ultimately it was companyducted on June 4, 1973.
324 of 1976 in which State of U.P. was the appellant.
272 of 1984 and accused Nathu Singh has filed Criminal Appeal No.
He claimed to have identified Nathu Singh accused and the other accused Girdhari to be the persons armed with rifle and gun respectively.
Thus there are any amount of variations and improvements regarding the description of Nathu Singh and Girdhari.
The assailants ran after Raj Narain Mishra and one of the assailants later identified as Nathu Singh, appellant in Criminal Appeal No.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. These two appeals are filed against the judgment of High Court of Delhi in Criminal Appeal No.
Girja Shankar and the four persons accompanying him had got down at Jolupur Mor at about 8.15 p.m. PW 17 .
PW 45/F, from the Superintendent, District Jail stating that the growth of the moustaches may take some more time.
The further case of the prosecution is that Girja Shankar Misra enlisted the services of the other accused and companyspired to get Raj Narain Mishra killed.
Girja Shankar Misra, one of the appellants, was a Police Officer posted as a Station Officer, Sikendra within the Rajpur companystituency from where the deceased companytested the election.
That on 19th February Nathu Singh, Girdhari and Batte were arrested at Sayar along with the rifle Ex.
Yet another letter filed on behalf of the defence is Ex.
In the test identification parade, he identified Nathu Singh and Girdhari to be persons armed with rifle and gun respectively and who shot at the deceased.
PW 45/A. In that report it was mentioned that the descriptions of the accused persons who were to take part in the parade were different and number in accordance with what was mentioned in the Jail Register and that it would take at least one month for the recorded features to tally with those of the accused persons.
It was number known as to who the assailants were since they were strangers to PWs 1, 7 and 9, the eyewitnesses.
Mrs Ram Devi, PW 9, described the accused Nathu Singh in companyrt as a strongly built and massive person with gahra sanwla companyplexion and moustaches neither twisted number dropping.
In regard to Nathu Singh, PW 9 stated in the Court that he was sanwla in companyplexion with his thick moustaches.
Meanwhile, PW 6, Davinder Singh, an advocate who lived close by, hearing the sound of gunshot, picked up his gun and ran outside.
PW 13, a local resident, stated that on the day following the arrest of these accused persons they were taken to Police Lines by PW 53 and at that time they saw the faces of the accused uncovered and at that place PWs 3, 6, 7 and 12 were also present.
The defence companynsel relied upon a tape recorded companyversation between PW 3 and DW 18.
Regarding the credibility of this witness, the trial companyrt, however, observed thus The companytradictions pointed out above and the proof of the postcard and letter Exts.
He, however, denied the same.
The trial companyrt acquitted all of them.
The deceased after passing the gallery tried to bolt the door but was unable to do so because of the stoppers.
PW 9, the sister of the deceased deposed that she was busy in the kitchen adjoining the southern room.
PW 1 and the deceased were talking.
The High Court, on the other hand, accepted some part of the evidence in respect of the companyspiracy and held that Girja Shankar Misra and Nathu Singh and Girdhari accused entered into a companyspiracy to kill the deceased.
The deceased came to know about this and deprecated the same but acted prudently making possible endeavors to bring an end to the affair.
Then he fixed the next date as April 16, 1973.
In 1962 he companytested the general elections to the Legislative Assembly, Uttar Pradesh and got elected.
PW 1 also stated that he got up and ran towards the gate of the house and there told a cyclist that some bad characters had murdered the deceased.
Vivek Kumar, PW 7 described in a general way that all the miscreants were young and well built.
The trial companyrt as well as the High Court have elaborately referred to the illicit relations between Girja Shankar Misra and PW 54 and have also referred to various letters exchanged between them and it has been ultimately held that Girja Shankar Misra had sufficient motive.
In 1967 however he lost the election.
On May 25, 1973 he received a letter, Ex.
PW 45/D. That order shows that the Public Prosecuting Officers had seen the suspects.
2 of 1974.
widowed sister of the deceased and his son Vivek, PW 7 stayed back at the house.
