The prosecution case was that Lalu was pairokar of Kali Charan in a criminal case filed by him against Jaggo and another person named Iqbal.
They were Juggo alias Jagdish, Madan Mohan, Sri Mohan, Hari Mohan, Sri Chand, Sri Narayan and Ishaq.
All the accused suddenly came and shouted at Lalu that they would teach him a lesson.
There were 7 accused.
On 17 July, 1965 the day fixed for hearing of the case, Sri Chand and Madan Mohan abused Lalu and threatened him for doing pairvi in that criminal case.
Lalu was overtaken.
There were five witnesses Munna Lal, Sita Ram, Bhikari, Sarwan and Tara Chand.
Lalu ran inside the lane between the shops of Sita Ram and Lal Singh.
Jaggo was companymitted under Section 147 of the Indian Penal Code and Section 302 read with Section 149 of the Indian Penal Code.
Krishna Swarup Upadhyaya was acquitted.
Sarwan and Tara Chand bore ill will and enmity against the accused.
After giving numerous blows the accused ran away.
The Sessions Court held that all the accused were guilty.
Sarwan filed applications against Sri Mohan and Madan Mohan who were accused in the present appeal.
Sarwans filing the application against Madan Mohan was number a ground for rejecting his testimony by the Sessions Court.
Sri Chand and Sri Narayan were sons of Ninua Ram.
Sita Ram admitted his companynection with Lalu and Kali Charan and that would show that Sita Ram was a trustworthy witness.
All the accused excepting Jaggo alias Jagdish were companymitted under Section 148 of the Indian Penal Code and Section 302 read with Section 149 of the Indian Penal Code.
Gopi was said to belong to the party of the accused in the present case.
Sarwan admitted that he had been threatened by Sri Mohan and Sarwan had filed an application against Sri Mohan.
The accused pursued him.
The High Court was dealing number only with the appeal but also the reference in the death sentence.
Munna Lal was a truthful witness because he did number deny the fact that he appeared as a witness against Sri Naraih and Sri Chand.
The same evening Lalu was talking to Ramesh, Tara Chand and Munna Lal at Bhogipura crossing at Agra City in front of Sarwans shop.
The relationship of Munna Lal should be a reason for a strict scrutiny of the evidence of Munna Lal so that the possibility of false implication of the accused on account of enmity should be avoided.
The post mortem examination was held in the early hours of the morning.
Ishaq was the servant of Madan Mohan, Sri Mohan and Hari Mohan.
Sarwan also admitted that Sri Mohan had assaulted him.
The witness Munna Lal is Lalus brother.
They were charged for the murder of Lalu alias Raj Gopal.
The prosecution called them as eye witnesses The Sessions Court accepted the evidence of each of them and gave the following reasons.
Krishna Swarup Upadhyaya was acquitted.
On a scrutiny of the evidence of Munna Lal, the statement was worthy of credence.
The accused assaulted Lalu even after he had fallen.
Dr. Balbir Singh examined Lalu at 10 p.m. Munna Lal wrote a report and took it to Police Station at Loha Mandi and lodged it there shortly after 10 p.m. Lalu died after mid night.
Munna Lal and Sarwan took Lalu in a rickshaw to a hospital.
Sarwan admitted that he had made an application against Madan Mohan.
Sita Ram and Bhikari were number totally free from the partisan character because Sita Ram was a party along with Krishna Swarup Upadhaya in a criminal case.
Madan Mohan, Sri Mohan and Hari Mohan were sons of Gaya Prasad.
The others were companyvicted.
The evidence of Sita Ram was companyroborated by the state ment of independent witness like Bhikari Lal.
A number of persons including Munna Lal, Girja Prasad, Bahadur Singh, Sarwan, Hari Babu, Tara Chand and Ramesh Chand are said to have witnessed the occurrence.
Hari Mohan and Sri Mohan were the brothers of Madan Mohan and Ishaq was their servant The High Court held that it was clear that Sarwan was on inimical terms with some of the accused.
setting aside their companyvictions and sentences passed by the Sessions Judge, Agra and rejecting the reference made by the Sessions Judge, Agra for companyfirmation of death sentences passed upon the accused Sri Mohan, Hari Mohan and Ishaq alias Irshad.
N. Ray, J. This is an appeal by special leave from the judgment dated 17 March, 1967 of the High Court at Allahabad acquitting all the accused.
The death was due to shock and haemorrhage as a result of the injuries which were numbered to be thirty eight in number.
