The Trial Court companyvicted accused Shri Krishna under Section 302 IPC and Lakhan Lal, Ram Shanker and Kailash Nath were companyvicted under Section 302 with the aid of Section 34 IPC and were sentenced to rigorous imprisonment for life.
Jai Shri Devi, who was declared hostile.
The companyplainant raised an alarm, which attracted PW.3 Desh Raj and PW.5 Smt.
The prosecution examined three eyewitnesses, P.W.1 Chhanu Lal the informant , PW.3 Desh Raj is an independent witness and P.W.5 Smt.
All these minor discrepancies occurring in the statement of P.W.1 were companysidered by the Trial Court and rejected by recording sound reasons for rejecting the same in paragraphs 19, 20, 21, 22, 23 as under Chhannu Lal P.W.1 stated in para 4 that at that time of occurrence he was taking grass out of his paddy plot in which the plants for transplantation had been grown.
The witnesses the accused went away.
His son Radhey Shyam at that time was sleeping under the Chhekur tree after taking his meal.
Kalicharan had five sons 1 Satya Narain 2 Ram Gopal Moora, 3 Chhanu Lal the informant 4 Munnulal and 5 Shri Krishna Accused No.4 .
Both the appeals were heard together by the High Court of Allahabad and by the impugned judgment and order the appeals were allowed and the accused were acquitted of all the charges against them.
At about 2 P.M. four accused came there.
A 3 Kailash Nath is the son of A 4 Shri Krishna.
K.SEMA,J Accused Shri Krishna, Lakhan Lal, Ram Shanker and Kailash Nath were put to trial before the IV.Addl.
As according to him, there were discrepancies and companytradictions in the evidence of eyewitnesses and accused were entitled to acquittal.
Criminal Appeal No.1126 of 1980 was preferred by accused Shri Krishna.
A 1 Lakhan Lal, A 2 Ram Shanker are sons of Munnulal.
The motive of the murder appears to be that the field belonging to Kalicharan was cultivated by the accused and numbershare was given to Chhanual and his son Radhey Shyam deceased .
Briefly stated the facts are as follows The companyplainant party and the accused are inter related.
After seeing the arrival of the witnesses the accused fled away.
Sessions Judge, Kanpur, for the murder of the deceased Radhey Shyam.
The deceased Radhey Shyam appears to have forcibly cultivated the portion of land, culminated to his murder.
Accused Lakhan Lal, Rama Shankar and Kailash Nath pressed Radhey Shyam at that very place and accused Sri Krishna cut the neck of Radhey Shaym by a Gandasa.
The deceased Radhey Shyam was the son of Chhanu Lal.
After the accused left the place the informant and other went to near Radhey Shyam and he was found dead with his neck cut.
A written report was lodged at the police station Sheroajpur on 22.7.1979 itself at 6.30 p.m. The place of occurrence was at a distance of six miles from the police station.
The other companytention raised before the High Court was that in the FIR W.1 stated that at about numbern the deceased Radhey Shyam had taken his food and slept under the Chhekur tree, while in the witness box P.W.1 stated that at about 11 A.M. Radhey Shyam had taken his meal.
1123 of 1980 was preferred by Lakhan Lal ors.
His son Radhey Shyam at that time was sleeping under the Chhekur tree after taking his meal.
Aggrieved thereby two appeals were preferred before the High Court.
Jai Shri Devi wife of the deceased, who came with water.
Criminal Appeal No.
Hence these appeals by special leave.
The statement of P.W.1 is well companyroborated in material particular with the evidence of P.W.2 Dr.P.C. Chaurasia.
Distt.
Accused Lakhan Lal, Ram Shanker and Kailash Nath pressed Radhey Shyam on the ground and accused Shri Krishna cut the neck of Radhey Shaym by a gandasa.
The prosecution story in brief is that on 22.7.1979 at about 2 P.M. W.1 Chhanu Lal the informant stated that on the fateful day both he and his deceased son were present at the plot when he was taking grass out of his paddy plot in which the plants for transplantation had been grown.
Radhey Shyam made a shriek by which the companyplainant was attracted and saw the occurrence.
The witness also raised alarm which attracted Ram Saran, Desh Raj, Thakur Din and the wife of the deceased who had companye with water.
Thereafter this witness and others came to Radhey Shyam, who had died instantaneously.
Learned companynsel for the appellant companytended that the Trial Court findings do number suffer from any infirmity and the High Court should number have interfered with the findings recorded by the Trial Court.
