Judgement

SIKRI, J. : This appeal by special leave by Ram Charan, Dularey and Ram Bux is directed against the judgment of the Allahabad High Court, Lucknow Bench, confirming the convictions under S. 302, read with S. 34, I. P. C. Ram Charan and Dularey were sentenced to death while Ram Bux was sentenced to imprisonment for life.

2. The relevant facts in brief are as follows: On December 24, 1965, at about 8 A. M. four persons started for Lucknow on two cycles; Shankar Singh and Radhey Shyam were on one cycle and Surat Singh and Bachchu Lal on another. Radhey Shyam had some business in Lucknow, including consulting Sri Pal Singh, Advocate, P. W. 20, regarding the preparation of a reply to a notice received by him. After the work was finished the four left Lucknow. It appears that Radhey shyam was sitting on the carrier of the cycle driven by Shankar Singh, and Bachchu Lal was sitting on the carrier of the cycle driven by Surat Singh. Radhey Shyam carried a leather bag in which he had kept money which he had received as the sale proceeds of jau sold by him in Lucknow. For some reasons which need not be detailed, Shankar Singh and Radhey Shyam went ahead of Surat Singh and Bachchu Lal, and the distance between them when they came near about the scene of occurrence was, according to Surat Singh, between 11/2 and 2 furlongs. When Shankar Singh and Radhey Shyam reached near the drain of Rastogi, they met Ram Charan, accused. Radhey Shyam got down from the cycle and started walking with Ram Charan, while Shankar Singh followed a little behind. Then the attack on Radhey Shyam took place and is described thus by Shankar Singh :

"When we reached the grove of Durga Maharaj then Ram Bux and Dularey accused were sitting at the well. Then Ram Charan by extending his hands (Kantiya Kar) caught hold of Radhey Shyam and threw him down on his face and after drawing his hands towards his back sat down catching him. Dularey and Ram Bux came up running. Dularey had a Banka and Ram Bux had a lathi. Ram Charan told Dularey, "Bring the Banka, why are you delaying it." Thereupon I cried out. Then Dularey gave 5-6-7 Banka blows to Radhey Shyam on his neck. As I was crying so Ram Charan said, "Beat Thakurwa. He will go to the village and tell that such and such persons had hacked Radhey Shyam." At this Ram Bux gave 5-6 Lathi blows to me. By that time Surat Singh and Bachchoo Maharaj also came there and Rupan also came."

3. Surat Singh corroborates this statement. He says that he saw all this from a distance of 11/2 furlongs. Bachchu Lal, P. W. 7, also corroborates this version. He says that on seeing the attack he and Surat Singh ran towards the scene of occurrence. He further adds that when they were at a distance of about 30-35 paces, the accused ran away.

4. The First Information Report was lodged at the police station four miles from the scene of the occurrence at 17.30 hours by Shankar Singh.

5. The learned counsel for the appellants says that the First Information Report was written much later than the time mentioned above. He relies first on the fact that the first page of the First Information Report was written very closely and the second page written not so closely. He suggests that the draft was prepared sometime later and then it was copied into the Register in which first information reports are written; the writer having left only two pages for the report to be transcribed wanted to be quite certain that the report would finish in two pages. This suggestion is, however, denied by Liaqat Hussain P. W. 6, who was posted as Head Moharrir at the police station Kakori in 1965. He says that he wrote on the first page of the report closely because he wanted that the whole matter should be completed on that page and that there was no other reason; after finishing the first page when he started writing on the second page then he did not write closely as the report had come to an end. He denied the suggestion that two pages were left for writing this rep