- (1.) These criminal appeals by special leave are by Onkar Nath, Sidhauli alias Sri Narain and Kailash respectively from the Judgment of the Allahabad High court by which the order of acquittal passed by the learned City and Sessions Judge, Kanpur is set aside and they have been convicted under S. 302 r/w S. 34, Indian penal code and sentenced to imprisonment for life. Kailash, Onkar Nath and Sidhauli alias Sri Narain were accused 1 to 3 respectively in the Sessions court. The charge against them was that they had, in furtherance of their common intention, committed the murder of one Manoharlal at about 8.10 p. m. on 23/04/1964 in front of the shop of a milk vendor, Chhunno, situate in Lathi Mohal P. S. Collector ganj in the City of Kanpur.
(2.) The deceased Manohar Lal was about 22 years old and was the son of one Kailash Nath. Kailash Nath had two shops one in the General-ganj Bazar bearing the name of Kailash Nath Raj Kishore. The main business of sale and purchase was carried on in that shop. The other shop was in the Panch Kucha lane and bore the name of Kailash Nath Dalal. This shop was mainly concerned with the maintenance of Bahikhatas and account books. Raja Ram, Public Witness 1 was Munim of Kailash Nath.
(3.) About 5 or 6 days prior to the incident the accused Sidhauli and Kailash were gambling in the Ahata of Sawai. Manehar Lal, the deceased, Who happened to pass by the place reprimanded them for these activities. This was not liked by Sidhauli and Kailash who gave a threat to Manohar Lal. Manohar Lal reported the matter to his father who, thereupon, instructed his employees that one or the other of them should keep Manohar Lal company whenever he was going away from the house or the shop.;