HARI OM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Judicature at Allahabad dismissing the criminal appeal field by the present appellant against their conviction and sentence by the learned Sessions Judge, Azamgarh, under Section 302/34, I.P.C. The case against the appellants depends upon circumstantial evidence as there are no eye-witnesses to the murder of Mathura Prasad. Ordinarily we do not interfere with the concurrent findings of the learned Sessions Judge and the High Court but in this particular case certain vital circumstances have not been considered by them and, therefore, we are constrained to look into the evidence ourselves.

(2.) The prosecution story, briefly stated, is as follows: The appellant Hari Om maintained a cloth shop in Atraulia. He used to purchase cloth from M/s. Baijnath Sheo Gopal, a firm of Kanpur, on credit. He owed a sum of about 3000/- in respect of the puschases and in spite of several demands in writing he failed to pay. Under instructions of the firm, the deceased Mathura prasad, reached Atraulia on January 27, 1964, to realise dues of the firm from Hari Om It is the case of the prosecution; which is denied by the defence, that Hari Om used to reside with his wife in his recently constructed house in Atraulia, and Mathura Prasad is alleged to have stayed with him in this house, and further Hari Om and Mathura Prasad were seen together in that house at about 8 P. m. on January 28, 1964. It is further alleged that on the morning of January 29, 1964, at about 6 the neighbours on hearing groans coming out of that house rushed towards the house and saw the appellants emerging out of the western room of the house. Their clothes were allegd to have been blood-stained and in spite of questioning of the neighbours they ran away towards the east without giving any reply. Thereafter the neighbours went inside the house and saw the dead body of Mathura Prasad lying there with multiple injuries. One bloodstained Pharsa and a blood-stained knife were also found lying on the ground by the side of the dead body. It was further alleged that the wife of Hari Om with a child in her lap was standing in the verandah and informed the witnesses that the appellant Mangru had come to Hari Om and shortly thereafter both of them had committed the murder.

(3.) The first information Report was lodged at the Police Station, which is only two furlongs away from the place of occurrence, at 6.25 a. m. The Sub-Inspector on reaching the scene of occurrence took into prossession various things including the broken cot in which the strings and Patti had stains of blood. He is also alleged to have recovered a register, Ex. 29, on a search of the house of Hari Om.