On getting the information the three police personnel ran to the spot.
From the Judgment and Order dated the 25th August, 1976 of the Allahabad High Court in Criminal Appeal No.
With the help of the torchlight which one of them held, they saw from a distance that three persons were engaged in stabbing the deceased but when the torch was focussed, the assailants started decamping.
In that process his wearing apparel got blood soaked.
Soon after the bridge had been crossed, the passengers started quarreling among themselves.
686 of 1972.
The appellant in his defence took the stand that was the driver of the taxi in which three persons came as passengers.
The other two were number traced.
They were informed by some passersby that a man was being stabbed at a distance of about two furlongs from the place where the guard room was located.
He denied the recovery of the blood stained knife from him.
When the car came to a standstill the three people who were quarreling among themselves got down and two of them started assaulting the deceased with a knife after going a little away from the road.
The appellant appealed to the High Court against his companyviction.
Four of the hostile witnesses supported the defence plea that the appellant had been attempting to rescue the deceased and had number himself given any assault.
Six eye witnesses were examined to support this charge.
That diverted the attention of the appellant and resulted in a cyclist being dashed against.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Two of them managed to escape but the appellant was caught with the knife stained with blood.
N. Mulla and ,S. K. Gambhir for the Appellant.
Balveer Bhandari and H. M. Singh for the Respondent.
575 of 1976.
Of the two police witnesses, one had denied seeing the appellant giving any knife blow while the other had made a firm statement that he did see the act of giving the knife blow.
The appellant went there to G rescue the deceased.
These two witnesses along with one Jagdish Singh were on guard duty at the Hindon Bridge.
The four other eye witnesses did number support the prosecution story and were declared hostile.
Of them one was the Havildar Mir Singh PW.4 and the other was a Police Constable Gian Singh PW.6 .
They were chased.
After fatally assaulting the deceased the assailants ran away when some people started companylecting there.
Prosecution alleged that between 10 and 10.15 P.M. in the night of January 2, 1970, a little distance away from the Hindon Bridge towards Ghaziabad on the G.T. Road, the appellant along with two there killed one Om Prakash by stabbing him with a knife.
The Judgment of tile Court was delivered by RANGANATH MISRA, J. This appeal is by special leave and is directed against the decision of the Allahabad High Court affirming the appellants companyviction under section 02 read with s 34 of the Indian Penal and sentence of imprisonment of life for that offence.
