RAM CHARAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave by Ram Charan, Dularey and Ram Bux is directed against the judgment of the Allahabad High Court, Lucknow Bench, confirming the convictions under S. 302, read with S. 34, I. P. C. Ram Charan and Dularey were sentenced to death while Ram Bux was sentenced to imprisonment for life.

(2.) The relevant facts in brief are as follows:On December 24, 1965, at about 8 A. M. four persons started for Lucknow on two cycles; Shankar Singh and Radhey Shyam were on one cycle and Surat Singh and Bachchu Lal on another. Radhey Shyam had some business in Lucknow, including consulting Sri Pal Singh, Advocate, P. W. 20, regarding the preparation of a reply to a notice received by him. After the work was finished the four left Lucknow. It appears that Radhey shyam was sitting on the carrier of the cycle driven by Shankar Singh, and Bachchu Lal was sitting on the carrier of the cycle driven by Surat Singh. Radhey Shyam carried a leather bag in which he had kept money which he had received as the sale proceeds of jau sold by him in Lucknow. For some reasons which need not be detailed, Shankar Singh and Radhey Shyam went ahead of Surat Singh and Bachchu Lal, and the distance between them when they came near about the scene of occurrence was, according to Surat Singh, between 11/2 and 2 furlongs. When Shankar Singh and Radhey Shyam reached near the drain of Rastogi, they met Ram Charan, accused. Radhey Shyam got down from the cycle and started walking with Ram Charan, while Shankar Singh followed a little behind. Then the attack on Radhey Shyam took place and is described thus by Shankar Singh:

(3.) Surat Singh corroborates this statement. He says that he saw all this from a distance of 11/2 furlongs. Bachchu Lal, P. W. 7, also corroborates this version. He says that on seeing the attack he and Surat Singh ran towards the scene of occurrence. He further adds that when they were at a distance of about 30-35 paces, the accused ran away.