On the way Rampher dictated the First Information Report to a boy called Gorakhnath and soon,, thereafter the report was lodged at the police station at about 12 30, at night.
Ram Kripal but accepting the evidence of Rampher, Dwarika and Lakhu it companyvicted the appellants of the offences of which they were charged.
They left the temple late in the afternoon along with Dwarika and Lakhu whom they met at the temple.
The learned Additional Sessions Judge held that these witnesses were number worthy of credit and acquitted the appellants.
Learned companynsel for the State, when called upon raised a fundamental objection to our entertaining the various questions raised on behalf of the appellants.
The High Court was number impressed by the evidence of Ram Shanker and.
Appeal by Special Leave from the Judgment and Order dated the 8th January 1970 of the Allahabad High Court Lucknow Bench at Lucknow in Criminal Appeal No.
A.I.R. 1973 S.C. 55.
Hausla Prasad succumbed to his injuries just before the party reached the police station.
On September 17,1966 which was a Kajri Tij day Rampher and the deceased Hausla Prasad had gone to a temple which is at a distance about 8 miles from the village of Jhampur where they lived.
Soon after they crossed a river near the village of Singha Chanda they are alleged to have been attacked by the appellants.
The river had but ankle deep water and was only 12 paces from one end to the other.
The prosecution examined Rampher, Dwarika, Lakhu, Ram, Shanker and Ram Kripal P. Ws 2 to 6 as eye witnesses to the Occurrence.
The injuries received by these persons including, Hausla Prasad were mostly companytused lacerated wounds and abrasions.
The charge against the appellants is that on the evening of September 17, 1966 they formed an unlawful assembly and in prosecution of the companymon object of that assembly they caused the death of Hausla Prasad and injuries to Rampher, Dwarika and Lakhu.
CRIMINAL, APPELLATE JURISDICTION Criminal Appeal No.
P. Rana, for the respondent.
N. Mulla and R. L. Kohli, for the appellants.
He had 12 injuries on his person, Lakhu and a swelling Rampher had received 6 injuries while Dwarika had received 9 injuries.
634 of 1967.
A. I. R. 1971 S.C. 460, 464.
Dwarika brought a bullock cart from a village called Gauhani and thereafter the four injured persons proceeded to the Tarabganj police station.
The High Court has companyvicted the appellants under sections 302, 325 and 323 read with section 149 and under section 147 of the Penal Code.
110 of 1970.
This appeal by special leave is directed against that judgment.
They have been sentenced to life imprisonment for the offence of murder and to shorter terms for the other offences.
The Judgment of the Court was delivered by CHANDRACHUD J. The appellants, eleven in all, were acquitted by the Additional Sessions Judge, Gonda, but the order of acquittal was set aside in appeal by the High Court of Allahabad Lucknow Bench .
