in this appeal by special leave.
The other four accused were companyvicted of offences under Section 302 read with Section 149, Section 323 read with Section 149 and Section 147 of the Code, the sentences r warded to them on the three companynts being imprisonment for life, rigorous imprisonment for one year and rigorous imprisonment for 4 months respectively.
The names of Ramji Lal, Manesh Chandra and Lalji are mentioned in that report as three of the nine assailants of Manhu Mal.
2/2 which was lodged by Nanhu Mal at the Jhansi Kotwali police station on the same night.
4 forming pan of the floor of the respondent room.
The five companyvicts challenged the judgment of the learned Additional Sessions Judge, which was dated the 2nd of November 1970, in five separate appeals instituted before the Allahabad High Court, a Division Bench of which acquitted Jagdish alias Panda and Phool Chand of the charge in its entirely.
Nanhu Mal was carried in a tonga by Lajjawati PW 1 , Ram Swarup PW 4 and Jhanda Mal CW 1 to the hospital on the way to which, however, he succumbed to his injuries.
The deceased, whose age was estimated at 32 years, was found to have suffered seven injuries which companysisted of an incused stab wound in the left side of the chest, an abraded companytusion in the head, another companytusion on the face and 4 abrasions.
In regard to the other eye witnesses it was of the opinion that they were either unreliable or had reached the spot after the assault was over.
Ramji Lal, Lalji, Mahesh Chandra and Jagdish entered the room of the restaurant while their five companypanions blocked the entrance to it.
Out of them only Mahesh Chandra has challenged the judgment of the High Court, which is dated the 5th of October 1971.
The injury was fresh and bleeding.
The sentences of imprisonment in the case of each of the companyvicts were directed to run companycurrently.
who was employed as a servant at the restaurant and was sitting on a stone slab just outside it, rushed into the room to save his master but was struck on the head with the iron bar carried by Lalji, The assailants then made good their escape.
At 9 55 p.m. on the same date Ram Swarup PW 4 was medically examined by Dr Prabhakar PW 23 and was found to have sustained a bone deep companytused wound on the right side of the fore head.
The incised wound had cut the left pleura and had an exit at the back.
Ramji Lal whipped out the gupti and thrust it into the chest of Nanhu Mal who was given blows with iron bars by Mahesh Chandra and Lalji.
The autopsy was companyducted by Dr. I.S. Mathur PW 20 on the 7th of April 1969 from 1 30 p.m. onwards.
The companyviction of Ramji Lal under Section 302 of the Indian Penal Code and that of his companyaccused Mahesh Chandra and Lalji for an offences under that section read with Section 149 of the Code was companyverted by the High Court to one under Section 326 read with Section 149 thereof and each one of them was sentenced to rigorous imprisonment for six years on that companynt, while their companyviction in respect of the other offences and the sentences awarded to them in that behalf by the learned Additional Sessions Judge was maintained, with a direction that all the sentences shall run companycurrently.
The death had resulted from this injury.
Ram Swarup PW 4 .
On the night between 5th and 6th of April 1969, Ramji Lal and Mahesh Chandra accused gave a beating to the deceased with hockey sticks, hurled abuses at him and threatened him with death.
Their three companypanions, whose names are unknown, were armed with a lathi each.
Lajjawati PW 1 went to the Nauabad police station and there lodged the first information report in relation to the murder of her husband at 10.30 p.m. on the same night.
The investigation was carried out by Sub inspector Jurbal Singh PW 24 who secured a blood stained stone slab Ex.
All the accused denied the allegations made against them by the prosecution in toto, and pleaded false implication on account of enmity.
Mahesh Chandra felled the deceased, who was inside the room, to its floor.
at about 9.30 p.m, the restaurant was raided by 9 persons including the six accused, who were all armed, Ramji Lal with a gupti Mahesh Chandra and Lalji with iron bars, Brij Kishore with a bicycle chain and Jagdish and Phool Chand with hockey sticks.
On the 6th of April 1969.
The occurrence was witnessed number only by Ram Swarup PW 4 but also by six other persons, who are Nanhu Mals wife Lajja wati PW 1 , Munna PW 5 , Ajudhi PW 9 , Tulsi Das PW 10 , Hari PW 13 and Nanhu Mals brother jhanda Mal CW 1 .
The incident was made the subject matter of a report Ex.
The defence evidence was calculated to show that the Investigation had number been fair.
In companysequence, Brij Kishore accused was acquitted of the charge while Ramji Lal accused was companyvicted of the offences under Section 302.
D. Koshal, J. For causing the death of one Nanhu Mal, a resident of the town of Jhansi, six other residents of that place, namely, his sisters son Ramji Lal, Mahesh Chandra, Jagdish alias Panda, Phool Ghand, Lalji alias Ajai Kumar and Brij Kishore were tried by the First Additional Sessions Judge, Jhansi.
The stains on the slab were declared as a result of Chemical analysis to be those of human blood.
