- (1.) For an occurrence which took place on 12th October, 1987 at about 6. 00 a. m. , in which Ramkishore died, 10 accused were sent up for trial. The trial Court after perusing the investigation papers framed charges against all the accused under Sections 144, 148 and 302/ 149,indian Penal Code and in the alternative a charge against all the accused under Sections 302/34,indian Penal Code was also framed. After recording evidence the trial Court convicted six of the accused persons namely, Hansraj Shankar Gaud (A-l) , pradbhu Janu Urade (A-2) , Prakash Bhiwa paradhi (A-3) , Amrut Shankar Gaud (A-8). Raju shankar Gaud (A-9) and Navasha Shantaram walvi (A-10). Rest of the accused were acquitted. The convicts challenged their conviction and sentence in the High Court through a criminal appeal and vide judgment dated 7-8 July, 1992. the High Court accepted the appeal of a-2, A-3, A-8 and A-10 and acquitted them of all the charges Conviction and sentence of A- 1 and A-9 were, however, upheld. They have, through this appeal by special leave, challenged their conviction and sentence before us.
(2.) According to the prosecution case, on 12th October, 1987 at about 6. 00 a. m. the accused party assaulted Ramkishore (deceased) owner of Madhu Vihar Hotel. Saki Vihar Lake near the hotel. At the time of assault the night watchman of Madhu Vihar Hotel, Ahmed sheikh. Public Witness 2 was going to fetch milk for the hotel but on hearing shouts of 'bachao bachao' from the deceased, turned back and rushed towards the place of occurrence. He saw the appellants and others assaulting his master ramkishore. The assailants also advanced towards him but public Witness 2 Ahmed Sheikh escaped and went to the hotel and informed Abhayraj pw 3, Manager of the hotel. They both came to the spot where the deceased was found lying dead and the assailants had escaped. Both ahmed Sheikh, Public Witness 2 and Abhayraj, Public Witness 3 proceeded towards the residence of the deceased to inform his family members and on the way met Amar Nath, Public Witness 4, who owns a pan-patti shop and told him about the occurrence
(3.) Public Witness 2 Ahmed Sheikh went to police station Saki Naka where on his statement FIR was recorded at about 7. 00 p. m. on the same day by P. S. I. Ramdas, Public Witness 23. In the FIR Public Witness 2 Ahmed Sheikh named A-l, A-2, A-3, A-9 and A-10 as the assailants besides 2/3 others without giving their names. Investigation was taken in hand and the accused were arrested on different dates. So far as Hansraj @ Hansu shankar Gaud (A-l) and Raju Shankar Gaud (A-9) , the appellants before us, are concerned, they were arrested on 14.10. 1987 and 22.10. 1987 respectively.;