ONKARNATH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment, dated March 24, 1971, of the High Court of Judicature at Allahabad, convicting the appellants, by reversing their acquittal, on charge under Ss. 302, 307 read with Sections 149 and 148, Penal Code.

(2.) The prosecution case was that on May 18, 1965, at about 10 a.m. Girja Singh (P. W. 11) and Sidh Nath (P. W. 8) were proceeding to the Ganga for a bath which runs at a distance of one mile from their village Tarapur. Onkarnath, appellant met them coming from the opposite direction. He asked Sidh Nath as to why he was walking chest high. Sidh Nath replied that there was nothing abnormal in his gait. Onkarnath appellant then slapped Sidh Nath and roughly handled him. Girja Singh intervened and remonstrated. Onkarnath Singh slapped him, also.

(3.) Girja Singh was joint in residence and mess with his cousins, Jagdish Narain Singh (P. W. 1) and Deep Narain Singh deceased. Jagdish Narain was employed in the Engineering College of the Benaras University, and Deep Narain in the Diesel Locomotive Works, Varanasi. The places of their work being only four of five miles from this village, they used to return home daily after working hours.