STATE OF U P Vs. KRISHAN

JUDGEMENT

(1.) In this appeal by special leave the State of U. P. has impugned the judgment and order of the High Court of Judicature at Allahabad dated December 1, 1998 in Criminal Appeal No. 888 of 1980. The High Court, by its aforesaid judgment and order, set aside the judgment and order of the Trial Court convicting the respondent of the offence under Section 302/34, IPC and sentencing him to undergo imprisonment for life. It may be noticed that two other persons namely Ram Chander and Ram Das were put up for trial along with the respondent herein namely, Shri Krishan. It is stated that both of them have since died.

(2.) With the assistance of counsel appearing for the parties, we have gone through the judgment of the High Court and the material placed before us.

(3.) The prosecution case was that at about 9.00 a.m. on 15-7-1979 the deceased Ganga Singh and his wife Smt. Bitoli (PW-1) were sitting on the chabutra of Ram Swaroop Tailor waiting for a bus to go to Shahjahanpur, since PW-1 was getting medical treatment at Shahjahanpur and they used to go there to take medicines. Suddenly, the respondent-Shri Krishan, together with Ram Chander and Ram Das (since deceased) appeared on the scene. Ram Das caught hold of Ganga Singh, the deceased, while Shri Krishan-respondent and Ram Chander assaulted him with knives. Ganga Singh attempted to run away but fell down dead after covering a few paces. Smt. Bitoli (PW-1) thereafter rushed to the police station and lodged the first information report at 9.30 a.m. at Police Station Powavan which was at a distance of two miles from the place of occurrence. PW-5 -A. P. Tiwari, Sub-Inspector of Police commenced investigation and reached the spot at 10.00 a.m. He found the dead body of Ganga Singh lying in front of the shop of Ram Swaroop. He performed the inquest on the dead body and sent the dead body for post-mortem examination. Ultimately Shri Krishan and two others were put up for trial before the First Additional Sessions Judge, Shahjahanpur who, as earlier noticed, convicted and sentenced the respondent and two others under Section 302/34, IPC.