SUKH RAM Vs. STATE OFU P

JUDGEMENT

(1.) Three persons, Mahendra Singh, Lakhan Singh and the appellant Sukh Ram, were tried for the murder of one Chunni Lal under S. 302 read with S. 34 I.P.C. by the Sessions Judge, Aligarh. The Sessions Judge acquitted Mahendra Singh, and convicted and sentenced the remaining two to imprisonment for life. On appeal the High Court of Allahabad acquitted Lakhan Singh and affirmed the conviction and sentence of the appellant. Hence this appeal.

(2.) The deceased Chunni Lal had a tea stall near the Bus Stand in Sasni. He was shot dead on 9-3-1967 at about 10.30 P.M. The First Information Report of the incident was lodged by Sundar Lal, a relation of the deceased. The prosecution examined Sundar Lal, Radhey Shyam, Puran Mal and Devi Prasad to prove its case against the aforesaid accused. The Sessions Judge believed all the witnesses. In a careful and sifting analysis of the entire evidence, the learned Judges of the High Court (S.D. Khare and Jagmohan Lal Sinha JJ.) have winnowed out all evidence which could legitimately be objected to by the appellant and have held that the remaining evidence clearly brought home the guilt to him. Counsel for the appellant could not point out any infirmity in their opinion. We have read the entire evidence, and we are satisfied that they have rightly found the appellant guilty of the murder of Chunni Lal.

(3.) Counsel, for the appellant has, however, strenuously urged before us that after the acquittal of Mahendra Singh and Lakhan Singh, the appellant could not be convicted with the aid of S. 34 I.P.C. The charge framed by the Sessions Judge reads: