- (1.) These are appeals by Ramnath, Pratap and Purshotham under Art. 134 (1) (c) of the Constitution of India from the Judgment and Order of the High Court of Judicature at Nagpur dated 22-8-1952 in Criminal Appeal No. 74 of 1951.
(2.) Sunder, a goldsmith by profession and leader of one of the two rival factions in the town of Gadarwara (Madhya Pradesh) was shot while returning from a meeting at the ganj (grain market) and walking on the main cement road of the town at a spot in front of one Narayandas's house, where Phullu Mithya's lane meets that road, at about 11 or 11.30 P.M. on 6-4-1950. The night was dark and cloudy and the road had no street lights. He was taken in a tonga to the hospital and after enquiry from him, Mulchand (P. W. 20), his muneem lodged the first information report about this incident at the police station Gadarwara at about 11-40 P. M. Half an hour, later, G. D. Mukherji (P. W. 5), first class magistrate, recorded Sunder's dying declaration, Ex. P-17, which runs as follows: "Q : Who assaulted you A: Purshotham, Pratap, Mamaji and Hanna Ahir shot me by means of a pistol. Q: Where were you going A: Pratap had called and had taken me to Nakalganj, and struck me on bringing me, in front of the chudiwara. Q: Who were there A: I flashed the torch. All the four individuals were standing. Q: Had you hostility with these individuals A: Yes, sir. I had hostility with all Q: Whoever else was with you A: I was alone." After his wounds had been dressed, Shri S. S. Naidu (P. W. 49), Assistant Medical Officer, took him by passenger train to Jubbulpore for admission into the Victoria Hospital. Sunder was operated upon by Shri Chari (P. W. 52). Civil Surgeon, on 7-4-1950 and died on the same day. The autopsy showed that there were two punctured wounds on the left side of the mid-auxiliary line which had been caused by shots from a firearm.
(3.) The three appellants along with two others, viz., Hari Shankar and Chiddi were tried by the Additional Sessions Judge, Narsimhapur (Madhya Pradesh) as persons responsible for this murder. Ramnath, Pratap, Purshotham, Harishankar and Chiddi were charged under S. 120-B, I. P. C., for having entered into a criminal conspiracy at Gadarwara to murder Sunder. Ramnath was also charged under S. 302, I.P.C. for having in furtherance of the above conspiracy murdered Sunder by shooting him with a pistol. Pratap and Purshotham were further charged under S. 302 read with S. 34 I. P. C. for having acted in concert with Ramnath in the murder of Sunder. An alternative charge under S. 302 read with Ss. 109 and 114, I.P.C. for abetment of the murder by Ramnath was also framed against them. Harnarain alias Harnna was given a pardon and he appeared as the first witness for the prosecution.;