NIWAS Vs. RAM BHAROSEY

JUDGEMENT

(1.) This appeal is preferred by the appellant on being aggrieved by the judgment of the High Court of Allahabad allowing the Criminal Appeals Nos. 895, 978 and 979 of 1979 filed by respondents Nos. 1 to 3 challenging their convictions recorded by the trial Court and also against the order of dismissal dismissing the Criminal Revision No. 625 / 79 filed by the appellant before the High Court for enhancement of sentence, namely, praying for imposition of extreme penalty of law, i.e. death sentence to all the three respondents.

(2.) All the three respondents were put on trial before the trial Court to answer a charge under S. 304/ 34, IPC on the allegations that they in furtherance of their common intention caused the death of the deceased, Jagdish Sharan at about 10.00 A.M. on 29-5-1978. According to the prosecution, the deceased was attacked with a knife by the 1st respondent Ram Bharosey while the deceased was being held firmly by the 2nd and 3rd respondents. After the first respondent inflicted a number of injuries on the person of the deceased, the second and third respondents each armed with country made revolver shot at the deceased. After causing a number of injuries to the deceased, they all took to their heels.

(3.) The occurrence as stated to have been witnessed by PWs. 1, 2, 3 and 4 of whom PW 1 is the son of the deceased, PW 2 is the brother-in-law of the deceased, PW 3 is the cousin and PW 4 is a neighbour. According to these witnesses, while they were sitting in the house of the deceased, they heard a distress cry near the temple where this occurrence took place. They all rushed to the spot. At that time the second and the third respondents were coming out of the temple. On seeing them, they fired a shot. Though the witnesses attempted to secure them, they could not do so.