MAHMOOD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment of the High Court of Allahabad upholding the conviction of the appellant for offences under Sections 452 and 302/34, Penal Code in respect of the murder of a villager, Dwarka.

(2.) The deceased lived all alone in his house in village Gurgawn, Police Station Nigohi. The deceased used to lend money to one Ram Sarup, a distant relation. Over this loan, a dispute arose between Ramsarup and the deceased. Their relations became strained, and Ramsarup started nursing a grudge against the deceased. According to the prosecution story, this Ramsarup, in collaboration with the appellant, murdered Dwarka on the night between the 4 th and 5 th of January, 1967.

(3.) On January 4, 1967 at about 6.30 p.m. Ramchander, P.W.2, Sheodass, P.W. 3, Govind and others were sitting by the side of Alowa (fire place) to warm themselves in front of the house of Ramchander at a distance of about 50 paces from the entrance to the house of the deceased. Ramsarup and the appellant came there. They stayed at the fireplace for a few minutes and then went to the entrance of Dwark's house and called. Dwarka opened the door, and Ramsarup and the appellant (who was a stranger to the witnesses) went into the house.