The judgment would have been of greater assistance to us if the High Court had referred to the main points in the evidence of the important witnesses, but in view of the rather peculiar facts of the case we are number prepared to say that the method adopted by the High Court has caused failure of justice.
Birja received 3 incised injuries , a lacerated wound and an abrasion.
This group ,committed the murder of Vishwanath and caused injuries to the three ladies.
The explanation offered is that the accused wanted to terrorise her lest she raised an alarm.
Almost all of these were skin deep.
The accused divided themselves into two groups five of them, namely Badlu, Manohar, Chhotey Lal, putti Lal and Hira Lal went to the place where Vishwanath Panda, Birja, Ram Dulari and Raja Munni were sleeping.
In appeals Nos.
In one way or another, all the accused are.
If the companymon intention of the accused was to companymit the murder of Kanahaiya Bux Singh why did they allow him to escape under their very numberes ?
The companyplainant, Thakur Kanahaiya Bux Singh, lived with his family in one house, while three houses were in the occupation of five out of the ten accused Badlu, Manohar, Chhotey Lal, Jagannath and Dhaniram.
It is alleged that a lantern was burning near the place where Vishwanath was sleeping and the accused were identified in the light of that lantern by Kahahaiya Bux Singh, Chandrawali, Kishan Pal Singh, Birja, Raja Munni, Bhagwan Bux Singh and Ram Dulari.
The terrace over the companyplainants house is divided into separate portions which are described in these proceedings as so many roofs.
it is in the light of that lantern that the several witnesses are alleged to have identified the respondent.
These, respectively, are prosecution witnesses 1 to 5, 7 and 8.
Bhagwan Bux Singh had one incised injury on his person.
The companyplainant lodged the First Information Report at the Itaunja police station through the son of a Chaukidar at about 9.15 a.m. on the 28th.
Appeal by special leave from the judgment and order dated the 12th May, 1970 of the Allahabad High Court Lucknow Bench at Lucknow in Criminal Appeal Nos.
Raja Munni received a muscle deep incised injury behind her right ear.
On the 27th evening, Vishwanath Panda and his mother Birja arrived at the companyplainants house on one of their routine visits to the jijmans.
Vishwanath received two formidable incised injuries on his head and a long linear cut on his chest.
a servant.
The learned Sessions Judge accepted the evidence of the eye witnesses and held that all of the ten accused had formed an unlawful assembly with the companymon object of companymitting the murder of Kanahaiya Bux Singh and of causing hurt to the other members of his family, that they companymitted the murder of Vishwanath Panda, mistaking him for Kanahaiya Bux Singh and that they also companymitted the murder of Ram Gopal.
The answer made by the prosecution is that it is a sorry case of mistaken identity the accused wanted to murder the companyplainant but mistook Vishwanath for him, both being of the same companyour, size and age, Why did the accused assault Birja whose husband first, and after his death her son was their priest?
35 and 36 of 1970.
Ram Gopal.
The five accused belonging to Kunwarpur were sentenced by the learned Judge to death while the other five were sentenced to imprisonment for life.
On the person of Ram Gopal were found 17 incised injuries, a linear cut and a companytusion.
On the night of the 27th the companyplainant, his brother Kishan Pal Singh and his sister Chandrawali were sleeping on the roof situated in the numberth western companyner of the house.
The case of the prosecution is that at about 11.30 p, m. on August 27, the ten accused climbed to the roof of the companyplainants house by placing a ladder on the south eastern side.
They were ten strong.
Ram Dulari had three incised injuries on her person, one being muscle deep and the other bone deep.
One of the accused, Putti Lal, died during the pendency of this appeal.
The names of all the accused are mentioned therein together with the weapons wielded by them on the previous night.
The companyplainant lived in a spacious house and had a fairly large family.
One of the accused, Manohar, is Bindras son, two of them are Bindras brothers, two are his companysins while three are his brothers in law.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.215 of 1970.
Vishwanaths father was a family priest of the companyplainant and after his death, Vishwanath took up that mantle.
Vishwanath Panda, his mother Birja Rama Dualri the mother of the companyplainant, and her sister Raja Munni were sleeping on the roof situated in the numberth east companyner, on the south west were sleeping Bhagwan Bux, a twelve year old brother of the companyplainant and Ram Gopal.
Varying sentences were also imposed on the accused for the companyparatively minor offences.
Birja used to accompany Vishwanath on his visits to the patrons.
It is of significant relevance that Vishwanaths father and thereafter lie himself were also family priests of the accused belonging to Kunwarpur.
12 602 CI/74 The incident leading to this appeal took place at about 11.30 p. m. on August, 27, 1968 in the village of Kunwarpur, district Lucknow.
kunwarpur is a tiny village companysisting of but ten houses.
K. Gupta, for the respondents.
The case is riddled with these mysteries Why did the accused murder Vishwanath Panda, their traditional family priest with whom they were on friendly terms and who, with his mother Birja, had companye on the 27th evening to stay with the companyplainant Kanahaiya Bux Singh as a guest?
The other group companyprising Dhani Ram, Jagannath, Daya Shanker, Mohan Lal and Hari Prasad went to the place where Ram Gopal and Bhagwan Bux Singh were sleeping.
P. Rana, for the appellant.
Witnesses claim that they identified the accused in the light of that lantern.
This group companymitted the murder of Ram Gopal and caused injuries to Bhagwan Bux Singh, Kanahaiya Bux Singh, his brother Kishan Pal Singh and his sister Chandrawali who were sleeping on the numberth western part of the roof escaped stealthily to a Chappar and companycealed themselves behind the old clothes lying therein.
There were disputes between the companyplainant and one Bindra Ahir over a plot of land, which led to proceedings under sections 107 and 117, Criminal Procedure Code.
35 and 36 of 1970 filed by the accused, the High Court of Allahabad Lucknow Bench has set aside the order of companyviction and sentence and has acquitted all the accused The State of Uttar Pradesh has filed this appeal by special leave against that judgment.
The remaining five belonged to neighbouring villages.
