Tulsi Prasad P. W. 1 and his son Chandrapal deceased were residents of village Nagla Nai, at a distance of about tour furlongs from police station Hathras, In Aligarh district.
The daceased however managed to get himself released from Ram Prakashs hold, and ran towards Hathras.
The police took up the investigation and sent the dead body for post mortem examination.
He was chased by the respondents and was assaulted with knives by Ram Prakash and Furushottam.
The respondents however managed to run away although they were chased by the witnesses for some time.
It is alleged that Chandra Pal fell down as a result of these injuries and died Instantaneously.
A written report Ex.
It is alleged that Chandrapal, who was about 18 or 19 years old, went towards his plot on the eastern side of the village abadi on July 26, 1968, at about 9 p.m. The respondents were also there at that time, and there were two other persons who, had muffled their faces.
His shouts attracted the attention of the people in the neighbourhood and it is alleged that the incident was seen by Tikam Chand P.W. 2 , Dal Chand P.W. 3 , Nathi Lal P.W. 4 and Narayan P.W. 5 .
Ka 1 was lodged by Tulsi Prasad at the police station at 10.30 p.m. The names of all the three respondents and the eye witnesses were mentioned in that report.
A number of other villagers also arrived at the place of the occurrence, along with Chandrapals father Tulsi Prasad P.W. 1 .
Dr. B. P. Kacher P.W. 10 performed the examination and found the following injuries, Incised wound 3/4X 1/2X muscle deep on the left arm middle part inner side, oblique.
He saw the dead body of Chandrapal lying there, and he also found that Tikam Chand P.W. 2 and Narayan P.W. 5 and others were present at that time and they narrated the incident to him.
As the High Court has acquitted the respondents, the State has filed the present appeal.
Incised wound 1 1/2X 1/2X muscle deep on the left arm middle side oblique.
He was caught by the waist by respondent Babboo near another lamp post, and the other respondents again gave knife blows to him.
The prosecution examined Tikam Chand P.W. 2 , Dal Chand P.W. 3 , Nathi Lal P.W. 4 and Narayan P.W. 5 as eye witnesses of the incident.
It also examined Balu Lal P.W. 6 who stated that on hearing a numberse he came out of his house and reached the place of occurrence.
While the trial Judge had numberhesitation in placing reliance on the statements of Tikam Chand P.W. 2 , Dal Chand P.W. 3 , Nathi Lal P.W. 4 , Narayan P. W. 5 and Babu Lal P. W. 6 , the High Court has number believed their evidence and the question is whether any substantial illegality has been companymitted in arriving at that companyclusion.
It has been reported by Superintendent Jail, Bareilly, that respondent Babboo died in civil hospital, Aligarh, on August 19, 1975 and the appeal has abated as against him.
The deceased again managed to run away, but he was again chased by the respondents.
N. Shinghal, J. This appeal by special leave is directed against the Judgment of the Allahabad High Court dated October 4, 1972 by which the companyviction of respondents Babboo, Ram Prakash said Purushottam under Section 302/34 I.P.C and the sentence of imprisonment for life have been set aside and they have been acquitted.
It is alleged that there was some altercation be tween the respondents and the deceased.
Respondent Ram Prakash caught hold of the deceased and dragged him towards a lamp post on the road near which the altercation took place.
