Judgement

GOVINDA MENON J. - Zabar Singh, the appellant, has been convicted of an offence under S. 302, read with S. 34, of the Indian Penal Code, for having participated in the murder of one Sahib Singh and sentenced to imprisonment for life. Special leave having been granted by this Court, his appeal now comes before us.

2. On the findings arrived at by the learned Judges of the High Court of Allahabad, the appellant is entitled to an acquittal, and our reasons for that conclusion maybe shortly stated as under: -

3. The appellant was tried by the learned Sessions Judge of Mainpuri, along with two others - Lalman and Poti Ram, for having murdered Sahib Singh by shooting him on the 22nd of May, 1953, at the bus-stand in Kuraoli Town Area while Sahib Singh was alighting from a motor-bus.

4. The prosecution case was that on account of factions in that area due to rivalry in politics, the enemies of Sahib Singh procured the appellant and others to commit the murder. The case was based on the testimony of six witnesses, of whom four were discredited by the High Court and partial reliance was placed on the remaining two. Of them P.W. 1 Chhotey Singh, who lodged the report with the Police