- (1.) This appeal is against a judgment dated 22nd November, 1994. Briefly stated the facts are as follows: On 11th June, 1978 one Manoj Kumar (P.W. 2) was returning to his home. At that time he was waylaid by Chaman (the appellant in Criminal Appeals Nos. 934-936 of 1995, which appeals have been dismissed today by a separate judgment) and four other persons waylaid him and assaulted him with iron bars, knives and dandas. On hearing his cries his younger brother Sanjay rushed forward to protect him and embraced Manoj in order to save his life. The younger brother was only 10 years' old at that time. Even on seeing that a 10 years' old boy has embraced Manoj the assailants did not stop but continued to inflict knife and Danda blows even on the young boy of 10 years. On hearing the cries of Manoj and Sanjay, their father Shri Sidheswar Dwivedi, mother Smt. Kaushalya Dwivedi and sister Sangeeta rushed to save them. They were also assaulted. Thereafter other people of the public came there and the assailants ran away.
(2.) A complaint was lodged by the father Shri Sidheswar Dwivedi. In the First Information Report he named Chaman as having first attacked along with certain unknown persons. He thereafter named certain other persons who were supposed to have come there and helped the assailants after he reached the spot. On the basis of this complaint an investigation was made by the police. Eight accused were put up for trial. As Sanjay had died the charges were under Ss. 302, 322, 325 read with S. 149 and S. 148 of the Indian Penal Code.
(3.) The prosecution examined a number of witnesses of whom P.W. 1, was the father, P.W. 2, was Manoj and P.W. 4, was the mother. They were eye-witnesses who narrated the incident and identified Chaman and the appellant. In spite of detailed cross-examination their testimony could not be shaken. Their evidence was corroborated by the evidence of the Doctor who disclosed that Sanjay had died a homicidal death and that Manoj, his father and the mother had also received injuries.;