(1.) This judgement will dispose of Cr. A. No. 158. and 164 of 1972. The first has been filed by Krishan Lal and Bal Krishan. .The appellant in Cr. A. No. 164 is Ishwar Dutt in respect of whom the allegation is that he gave the knife blow to Public Witness Harbhajan Singh.
(2.) The prosecution case may best be seen in the light of statement of Public Witness 3 who received knife injury. He stated that on 13-11-71 at about 930 a.m. he alongwith his brother Inder Singh was going to Naraina from Ramesh Nagar. He was driving car No. DLE 8065. When the car reached block No. 8 in Ramesh Nagar they found that on one side of the road a taxi was standing while on the other was lying a cot. Four persons including three appellants were seen standing there. The deposition, is :-
(3.) Public Witness 2 Inder Singh supported, the version given by his brother Public Witness 4. The variation in his deposition, however, is that he stated that Billa and Gopal had exhorted Ishwar to inflict the knife blow. If that be taken as an embellishment the statement of Inder Singh still remains :-