STATE Vs. KAMLESH HARI

JUDGEMENT

(1.) This is an application for leave to appeal to the Supreme Court under Article 134 (1) (c) of the Constitution against our judgment by which we had dismissed the appeal of the State against the acquittal of the opposite parties, Kamlesh Hari and Kunwar Singh.

(2.) Kunwar Singh, Suresh and Kamlesh Hari were prosecuted inter alia, under Sections 120-B and 396 I. P.C. arid under Section 302 I. P. C. for having criminally conspired with two other persons, namely, Prakash and Imam Ali deceased to commit the offence of theft by house breaking; to commit dacoity with murder of Ganga Saran and obtaining the key of Pyarey Lal's house from Ganga Saran at the Kothri of Khan; and to commit abduction of Ganga Saran for murdering him and for having committed the dacoity along with Prakash and Khan on the 29th of November, 1956, by taking the key, wrist watch and gold ring from Ganga Saran in the Kothri of Khan and in the commission of that dacoity committed the murder of Ganga Saran.

(3.) Kunwar Singh and Suresh were further charged under Section 363 read with Section 109 I. F. G. and Sections 407 and 307 read with Section 114 I. P. C. for abetting Kamlesh Hari, and Prakash in the abduction of Ganga Saran on 29-11-1956, at 3-30 p.m. from his shop and taking him to the kothri of Khan in order to murder him and for committing house breaking by night on the 29th of November, 1956, at about 7.45 p.m. and in the course of house breaking committed an offence under Section 307 by firing a gun at the crowd and injuring Hari Shanker on his neck.