Judgment

KHANNA, J.:- Barati (26) was tried in the court of Sessions Judge Sitapur for an offence under S.302 Indian Penal Code for causing the death of Lekhai (45), Prabhu (24) and Ram Lal (24) were also tried along with Barati for offence under S.302 read with Section 109 Indian Penal Code for having abetted the commission of the offence of murder Learned Sessions Judge acquitted all the three accused. On appeal filed by the State the Allahabad High Court convicted Barati under Section 302 Indian Penal Code and sentenced him to undergo imprisonment for life. The appeal against Prabhu and Ram Lal was dismissed. Barati then came up in appeal by this Court by special leave.

2. The prosecution case is that the relations between Lekhai deceased and his younger brother Pancham (PW 3) on the one side and Barati accused on the other were strained. All three of them belong to village Nasirapur in district Sitapur Dispute had been going on between them regarding the construction of a wall. About a couple of months before the present occurrence. Barati effected an opening in the western wall of his house wich gave rise to an apprehension that he intended to encroach upon the land belonging to Lekhai and Pancham. Pancham made complaint dated May 27, 1967 to the Judicial Panchayat in that connection. The said complaint was still pending when the present occurrence took place. About three days prior to the present occurrence Barati and Prabhu accused after arming themselves with lathis went to the door of Lekhai and threatened to assault him. Mainku PW intervened and persuaded Barati and Prabhu to go away.

3. On the evening of July 30, 1967, it is stated, Lekhai deceased after taking his meals was lying on a cot in an open space near his baithak. Lekhai s son Nagai (PW 1) and brother Pancham (PW 3) slept nearby on another cot. A lighted lantern was hanging nearby. At about 10.30 p.m. the three accused came there. On hearing some sound, Lekhai opened his eyes. Lekhai saw the three accused standing near the cot. Ram Lal accused is the brother-in-law of Barati accused. At the instigation of Ram Lal and Prabhu, it is stated, Barati accused, who was holding a bottle, poured acid over Lekhai. Lekhai cried aloud and shouted that he was being killed. On hearing the cries of Lekhai, his son Nagai and brother Pancham got up from their cot and saw the three accused standing there. Barati accused was holding a bottle in his hand Nagai and Pancham too raised alarm whereupon Bhallu (PW 2) and Jeorakhan (PW 4), whose houses are nearby, also arrived there with lighted torches and lathis in their hands. On seeing them, the three accused ran into the house of Barati and closed the door from inside. Nagai and others chased the accused and knocked at the door of the house but the accused did not open the door, Nagai, Pancham, Bhallu and Jeorakhan were told by Lekhai that Barati accused had poured acid over him. Badri Pradhan (PW 6) also came there and on his enquiry he too was told by Lekhai that Barati accused had poured acid over him Nagai, Pancham, Bhallu, Jeorakh and Badri Pradhan PWs saw acid present all over the body of Lekhai deceased. His clothes too were stained with acid. At the suggestion of Badri, Lekhai was then taken in a bullock cart by Nagai and Pancham PWs to police station Sandhana at a distance of two miles from the place of occurrence. Report Ka 1 was lodged at the police station at 2.30 a.m. by Lekhai. In that report Lekhai stated that Barati accused had poured acid over his body. The names of Nagai, Pancham, Bhallu and Jeorakhan were also mentioned in the first information report and it was stated that they had seen the accused present near his cot when Lekhai had raised alarm. The motive for the assault, as given earlier, was also given.

4. After recording the first information report, Sub Inspector Asrarul Haq (PW 18) recorded statement Ka 22 of Lekhai. In that statement Lekhai reiterated what he had stated in the first information report