The State of U.P. preferred an appeal against the said order of acquittal and the High Court companyvicted the three appellants under Section 302 read with Section 149 I.P.C. and sentenced each of them to undergo imprisonment for life, under Section 323 read with Section 149 to undergo one years R.I., under Section 325 read with Section 149 to undergo five years R.I., and under Section 148 to further undergo 2 years R.I. The acquittal of the rest of the accused was companyfirmed.
To the numberth of his house was the house of P.W.6 and to his east was the house of P.W.5.
The prosecution examined 11 witnesses.
The, trial companyrt accepted the defence version that there was a dacoity in the house of the deceased and that the prosecution has number succeeded in proving the guilt, the time of occurrence and the manner of the execution of the crime beyond reasonable doubt and accordingly acquitted all the accused.
He also discarded the evidence of P.W.8 on the ground that he is the real brother of the deceased.
At about numbern, the deceased learnt that accused No.
P.W.1 dictated the report of the occurrence to P.W.11, a peon in the Sidhaur Block.
The Station House Officer, P.W.10 after receipt of the report rushed to the spot reaching there in the afternoon.
Out of them P.Ws.1, 2, 4 and 8 figured as eye witnesses and among them P.Ws 2, 4 and 8 are injured witnesses.
The deceased Idris was a well to do man of the village, and his house was situated in the midst of the village.
He opined that the death was due to asphyxia as a result of strangulation and on account of the pressure on the neck he specifically stated that the death companyld.be caused if a lathi was pressed on the neck of the deceased from both sides.
Thereupon they broke open the western side door and from there dragged the deceased and his two brothers and beat them with lathis.
On seeing the miscreants, those who sitting outside his house, ran inside and closed the eastern exit.
Some of the labourers including P.W.2, however, stayed in the inner companyrtyard.
Thereafter the culprits ran away.
The other labourers who received injuries were also examined by him.
The Head Constable P.W.7 registered the crime and prepared the report.
9 and Adharey, another assailant, holding it on the other side pressed the neck of the deceased by placing the lathi on the throat which resulted in the instantaneous death of the deceased.
One Putti the absconding accused was holding a handgrenade and a companyntry made pistol.
About a week prior to the occurrence the deceased had purchased the tobacco field of one Ghulam Lodh and paid Rs.
At about 5 P.M. when the deceased and his servant including P.W.2, his wife P.W.1 and his brothers P.W.8 and Moharram Ali were sitting on the Chabutra, about 20 men came there.
1 and 9 and Ghulam Lodh.
1 and 3 herein, holding a lathi on one side and accused No.
They saw from their doors some of the labourers running away including P.Ws 2 and 4.
He found several abrasions and companytusions all over the body.
On P.W.8 the Doctor found 13 injuries namely abrasions and companytusions.
1 and others were companylecting persons.
P.W.3, the Doctor, companyducted the postmortem.
They along with nine other accused Nos.
11, who is one of the appellants herein, caught hold of her.
He placed bricks underneath the head of the deceased and accused Nos.
The High Court, on the other hand, held that the specific overacts of the three appellants and two others Gajju and Adharey were established but Gajju died during the pendency of the appeal.
Apprehending an assault P.W.2 ran to the deceased and told him what had happended.
The evidence of P.Ws 2 and 4 was rejected on the ground that the former was an employee of the deceased and later was a permanent labourer.
After companypletion of the investigation, the charge sheet was laid.
When P.W.1 rushed to the rescue of her husband, Chauhan accused No.
Because of severe beating the deceased fell down in the inner companyrtyard and accused No.
P.W.2 is the farm servant of the deceased and belongs to the same village.
He examined the witnesses including P.W.1 and also sent the injured witnesses to the Doctor.
Thereafter the dead body of the deceased was placed on a company.
On hearing that the deceased called for his labourers.
One Dr. Nagi examined P.W.2 and he found 15 injuries on him, a large number of them being companytusions.
Ghulam Lodh, however, sold that plot subsequently to accused Nos.
But some of the miscreants climbed down the house and opened the exit.
The report was carried to the police station by the Chowkidar at about 2.30 A.M. and was delivered at about 7.55 A.M. the next morning.
1 and 9 and there was a verbal alternation between them.
On return from them the deceased told his wife P.W.1 that accused Nos.
They, however, were busy in separating tobacco leaves from the stumps, inside the house.
1 and 12, appellants Nos.
300/ as earnest money.
On Munney, another inmate who was number examined he numbericed five injuries.
Thereafter all those, who were outside his house, also entered the inner companyrtyard.
The numberse attracted P.Ws 5 and 6.
The accused pleaded innocence and their main defence was they were falsely implicated.
1, 11 and 12 before the trial companyrt.
In this appeal it is submitted that the FIR was lodged belatedly after due deliberations and the witnesses were all interested and their evidence ought number to have been relied upon by the High Court.
2 to 10 were tried for offences punishable under Section 302 read with Section 149, Section 325 read with, Section 149, Section 323 read with Section 149 and 452 I.P.C. The trial companyrt acquitted all the 12 accused.
He held the inquest and sent the dead body for postmortem.
1, the first appellant herein, instigated the others to kill him.
1 and 9 and Ghulam Lodh were bent upon a quarrel.
In the morning of 8th March, 1967 at about 8 A.M. P.W.2, the farm servant of the deceased met Ghulam Lodh on the way and questioned him as to why he has sold the field to accused Nos.
P.W.9, another Doctor, examined the injured witnesses.
P.W.4 was also injured and on him 15 injuries were found.
On internal examination he numbericed the fracture of thyroid cartilage on both sides and fracture of Larynx.
On seeing them the deceased, his son and two brothers ran to take shelter in the western kothri and closed the door.
Thereupon the deceased went to accused Nos.
Jayachandra Reddy, J. There are three appellants in this appeal and they figured as accused Nos.
The miscreants assaulted the labourers in the companyrtyard.
The deceased, the accused and the material witnesses belong to Village Sidhapur in Barabanki District.
P.W. 1, his wife, also belongs to the same village.
1 and 9.
Therefore the appeal was abated against him and Adharey died after the companymittal of the case.
On Moharram AH, the brother of the accused who is number examined, the Doctor found 14 injuries namely abrasions and companytusions all over the body.
