JAGGAN NATH Vs. LAXMI NARAIN

JUDGEMENT

(1.) This revision is directed against an order of acquittal passed by the learned Sessions Judge of Kanpur in a case under Section 302 I. P. C,

(2.) The incident which was the subject-matter of Criminal Sessions Trial No. 272 of 1961 before the learned Sessions Judge had taken place on the 21st of October, 1961 at about 6.30 P.M. in Rani-ka-toaghicha in the city of Kanpur in which Tulsi deceased was said to have been stabbed and two persons, namely, Laxmi Narain and Shyam Lal, were sent up for trial under Section 302 I. P. C. for having committed that offence.

(3.) In support of its case the prosecution has mainly relied on the testimony furnished by five eye-witnesses of the occurrence and on the dying declaration which was supposed to have been recorded at the hospital by Dr. S. C. Agarwal who was examined to prove the same. In corroboration of the testimony of the eye-witnesses reliance was also placed on the report lodged with the police which was supposed to have been dictated by the deceased himself.