PYAREY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Five persons were convicted' for the murder of one Tota Ram under Sec. 302 read with Sec. 149 of the Indian Penal Code and all of them were sentenced to imprisonment for life. Though all the five preferred an appeal before the High Court one of them died during the pendency of that appeal his name is Dori. So the case as against him stood abated. A Division Bench of the Allahabad High Court heard the appeal of the remaining four and confirmed the conviction and sentence passed on them.

(2.) We heard arguments of Mr. Praveen Swarup, learned counsel for the State at length. Mr. M.C. Dhingra, learned counsel for the accused reported that he is engaged in the High Court. We requested the State counsel to take us through the evidence of the eye-witnesses so that any point in favour of the accused should not be missed.

(3.) The substance of the case is this : First accused Pyarey was already an accused in a murder case (in the murder of one Mohan). The deceased in the present case Tota Ram was cited as a witness to the occurrence in that earlier murder case. Prosecution case is that Pyarey wanted deceased Tota Ram not to give evidence against Pyarey in the murder case, but that demand was spumed down by Tota Ram.