STATE OF UTTAR PRADESH Vs. JAGGO ALIAS JAGDISH

JUDGEMENT

(1.) This is an appeal by special leave from the judgment dated 17 March,1967 of the High Court at Allahabad acquitting all the accused, setting aside their convictions and sentences passed by the Sessions Judge, Agra and rejecting the reference made by the Sessions Judge, Agra for confirmation of death sentences passed upon the accused Sri Mohan, Hari Mohan and Ishaq alias Irshad.

(2.) There were 7 accused. They were Juggo alias Jagdish, Madan Mohan, Sri Mohan, Hari Mohan, Sri Chand, Sri Narayan and Ishaq. Madam Mohan, Sri Mohan and Hari Mohan were sons of Gaya Prasad. Sri Chand and Sri Narayan were sons of Ninua Ram Ishaq was the servant of Madan Mohan, Sri Mohan and Hari Mohan. They were charged for the murder of Lalu alias Raj Gopal. All the accused excepting Jaggo alias Jagdish were committed under section 148 of the Indian Penal Code and section 302 read with section 149 of the Indian Penal Code, Jago was committed under section 147 of the Indian Penal Code and S. 302 read with section 149 of the Indian Penal Code.

(3.) The prosecution case was that Lalu was pairokar of Kali Charan in a criminal case filed by him against Jaggo and another person named Iqbal. On 17 July, 1965 the day fixed for hearing of the case, Sri Chand and Madan Mohan abused Lalu and threatened him for doing pairvi in that criminal case. The same evening Lalu was talking to Ramesh, Tara Chand and Munna Lal at Bhogipura crossing at Agra City in front of Sarwan's shop. All the accused suddenly came and shouted at Lalu that they would teach him a lesson. Lalu ran inside the lane between the shops of Sita Ram and Lal Singh. The accused pursued him Lalu was overtaken. The accused assaulted Lalu even after he had fallen. A number of persons including Munna Lal, Girja Prasad, Bahadur Singh, Sarwan, Hari Babu, Tara Chand and Ramesh Chand are said to have witnessed the occurrence. After giving numerous blows the accused ran away. Munna Lal and Sarwan took Lalu in a rickshaw to a hospital. Dr. Balbir Sigh examined Lalu at 10 p.m. Munna Lal wrote a report and took it to Police Station at Loha Mandi and lodged it there shortly after 10 p.m. Lalu died after mid-night.