Important point
Evidence of a witness who got a criminal background is to be viewed with caution but if such evidence gets sufficient corroboration, it can be believed.

Judgment

K.G. Balakrishnan, J.—These appeals are preferred by the State of Uttar Pradesh assailing the acquittal of the three respondents accused of the offences charged against them under Section 302 read with Section 34 IPC. The respondents-accused were found guilty by the Sessions Court. Rampur, for offences punishable under Section 302 read with Section 34 IPC for having caused the death of one Khurshid Mian.

2. The incident giving rise to the present appeals happened on 2.8.1978 at about 5.45 P.M. in Mohalla Mazar Tat. On the date of occurrence, Achhey Mian, brother of deceased Khurshid Mian, who lived in Mohalla Nalapar, visited his brother Khurshid Mian. Their father, Banney Mian, had died 28 days prior to the date of occurrence and Achhey Mian visited his brother Khurshid Mian to discuss about the arrangements for the Chaalisvan [the fortieth day ceremony] of their late father. Achhey Mian found the house of his brother locked. There, he met Wajid Khan, who told him that Khurshid Mian had gone to the mosque for offering prayer. Achhey Mian; witness Wajid Khan; and one Alla Rakha stood in front of a shop and were exchanging pleasantries. They saw the three accused persons coming there and asked Wajid Khan whether he had seen Khurshid Mian. In the meantime, Khurshid Mian was also seen coming from the western side. The accused persons surrounded Khurshid Mian and immediately started attacking him with knives. Accused Saghir pierced the chest of the deceased and accused Mamoo and Farid Khan gave knife blows on the back and legs of the deceased. The deceased was repeatedly stabbed by the assailants and thereafter they ran away from the place of incident. The deceased fell on the ground and died on the spot. Two other persons, namely, Sharif and Salim Khan who were also coming behind the ­deceased arrived at the scene. Achhey Mian, the brother of the deceased, went to the Ganj Police Station and gave the Exh. K-1 report. The motive of the crime is stated to be that Banney Mian, the father of Khurshid Mian and Achhey Mian had rented out certain shops in Mohalla Mazar Tat to one Zakkan Khan and his children. They committed default in paying arrears and, therefore, Banney Mian filed a suit for recovery of arrears of the rent and in the execution of the decree obtained by him, the house of the accused was attached for court sale. The accused persons thus bore a grudge against Banney Mian and his family members.

3. Investigation of the case was taken over by PW-6, who prepared the inquest report. Post-mortem examination on the dead body of the deceased was conducted by PW-4. There were five incised injuries and the doctor was of the view that the death of the deceased had taken place due to shock and hemorrhage resulting from the incised injuries found on the chest of the deceased. The accused persons pleaded not guilty and they alleged false implication. The accused persons contended that the witnesses spoke falsehood and that they had not seen any incident. They alleged that Achhey Mian, in collusion with the police, implicated the accused as he was inimically disposed towards them.

4. On the side of the prosecution, six witnesses were examined. PW-2 Sharif and PW-3 Salim Khan were the eye witnesses to the occurrence. The Sessions Court believed the evidence of PW-2 and PW-3. PW-2 Sharif deposed that the incident happened at about 5.45 P.M. and he saw accused, Saghir, Mamoo and Farid Khan coming from the western side. He stated that he heard accused Saghir shouting and thereafter striking a blow of knife on the chest of the deceased. He also saw Mamoo and Farid Khan stabbing the deceased with knives. He saw Khurshid Mian falling on the ground with injuries and the accused persons running towards south. He was extensively cross examined by the counsel for the accused. He stated that he was a “Beedi” roller by profession and on the day of occurrence he was going to meet Safi to collect his wages. He also stated that he saw PW-3