From out of the seven persons companyvicted by the High Court, only six are before us since one of them, Baijnath, who was awarded life imprisonment has number appealed from the judgment of the High Court.
The prosecution also relied on the dying declaration of Wali Mohammad which was recorded by a Magistrate.
In support of its case the prosecution examined four eye witnesses Noor Mohammad, P. W. 1, Shaukat Ali, P. W. 2, Nafees, P. W. 4 and Naeem, P. W. 5.
Appeals by special leave from the Judgment and Order dated 14.1.1978 of the Allahabad High Court Lucknow Bench in Criminal Appeals Nos.
Four persons died during the companyrse of that incident, namely, Guley, Abbas, Wali Mohammad and Nankau.
Guley and Abbas are alleged to have been shot dead by Chhotey while the other two are alleged to have been shot by Ram Manorath.
The evidence of these four witnesses as also the dying declaration have been accepted by both the Courts.
R. Bhardwaj, G. S, Narayanan and R. K. Bhatt for the Respondent.
Guley and Abbas died instantaneously, Nankau a little later and Wali Mohammad about a week later.
The incident out of which these proceedings arise took place at about sunset time on December 5, 1973 in a village called Bhawanipur.
The Judgment of the Court was delivered by CHANDRACHUD, C. J. Twelve persons were put up for trial before the learned Additional Sessions Judge, Bahraich on various charges, the principal charge being under section 302 read with section 149 of the Penal Code.
The learned Judge acquitted four persons and companyvicted the remaining eight of the offences of which they were charged.
496, 508 and 542 of 1977.
The High Court of Allahabad acquitted one more person and companyvicted the remaining seven.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
The sentences awarded for the other offences were directed to run companycurrently with that sentence.
Frank Anthony and Sushil Kumar for the Appellant.
345 346 of 1978.
Two out of those eight persons namely, Chhotey and Ram Manorath were sentenced to death while the remaining six were sentenced to imprisonment for life.
The High Court also upheld the death sentence awarded to Chhotey and Ram Manorath.
