ANIL KUAMR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is against a judgment dated 22nd November, 1994. Briefly stated the facts are as follows:

(2.) A complaint was lodged by the father Shri Sidheswar Dwivedi. In the First Information Report he named Chaman as having first attacked along with certain unknown persons. He thereafter named certain other persons who were supposed to have come there and helped the assailants after he reached the spot. On the basis of this complaint an investigation was made by the police. Eight accused were put up for trial. As Sanjay had died the charges were under Ss. 302, 322, 325 read with S. 149 and S. 148 of the Indian Penal Code.

(3.) The prosecution examined a number of witnesses of whom P.W. 1, was the father, P.W. 2, was Manoj and P.W. 4, was the mother. They were eye-witnesses who narrated the incident and identified Chaman and the appellant. In spite of detailed cross-examination their testimony could not be shaken. Their evidence was corroborated by the evidence of the Doctor who disclosed that Sanjay had died a homicidal death and that Manoj, his father and the mother had also received injuries.