UMA SHANKAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Allahabad High Court (Lucknow Bench) by which the appellant has been convicted under S. 302/34 and sentenced to imprisonment for life as also under Section 307/34 and sentenced to five years' R. I. A detailed narrative of the prosecution story has been given in the Judgment of the High Court and the Sessions Judge and it is not necessary for us to repeat it all over again.

(2.) Appearing for the appellant Mr. Goswami has raised a short point before us. He submitted that the evidence clearly shows that there was animus between the complainant and the appellant and the appellant was falsely implicated due to enmity. It appears that in the F.I.R. it was categorically stated that Uma Shankar along with Ram Lakhan and Deena Nath armed with Kanta reached the place of occurrence and all of them said that the deceased should be killed. Yet this allegation has been given a complete go-by in the evidence of P. W. 1 who has attributed the overt act of incitement to Uma Shankar alone and not to the others. P. W. 1 clearly admitted in his evidence that there was enmity between the parties and in that connection the witness deposed as follows:-