STATE OF UTTAR PRADESH Vs. SATISH CHANDRA

JUDGEMENT

(1.) These appeals are directed against a common judgment of acquittal passed by the High Court of Allahabad after obtaining special leave.

(2.) Prosecution alleged that the five accused persons (respondents) had caused death of Raaz Mohammad on April 20, 1973, in the Sweepers' Colony within Gorakhpur city. The First Information Report was lodged within half hour of the incident.

(3.) At the trial, P.W. 1 was the only witness who supported the prosecution case. Rahim Khan (P.W. 1) and the deceased were Afghan Nationals and were carrying on business of money lending. P.W. 1 was also working as a hawker of cloth. The deceased was his nephew. Both of them lived in Gorakhpur for about five years before the occurrence. According to the prosecution respondents had already taken some loan from the deceased and wanted further loans. When the deceased refused to oblige, Satish stabbed him with a knife in the stomach. After the deceased fell down, two of the accused respondents caught hold of him by his legs and the other two held him by hands and Satish gave further blows with the knife, as a result of which he died. The learned trial Judge accepted the evidence of P.W. 1 and found support from the circumstances as indicated in his judgment; he accordingly convicted Satish under Section 302 of Indian Penal Code and imposed the sentence of death. The other accused persons were convicted under S. 302/49 of I.P.C. and were given imprisonment for life. All the respondents, except Satish, were convicted under S. 147 and Satish under S. 148, I.P.C.