- (1.) Ilyas aged 16 years, has preferred this appeal by special leave against the judgment of the High Court of Allahabad whereby his conviction and sentence of life imprisonment under Section 302/34, Penal Code was maintained.
(2.) The facts are these:- Nithu Singh of village Bhainsi Police Station Khatauli was a sonless old man of 70 years. He had two daughters, named Smt. Qabooli (P.W.6) and Smt. Harphooli. Smt. Qabooli was residing with her father in this village for a few months preceding the occurrence in question. On the night between the 21st and 22nd Januay, 1968, Nathu Singh deceased was asleep in his Dukarya (two door room) while his daughter, Smt. Qabooli, was sleeping in the tethri of the house separated by a countyard from the Dukarya. At about 2 or 2.30 a.m. she woke up on hearing a noise. She thought that their servant had come to take the cart. She called her servant by name. She at the same time saw one or two strangers moving inside the room. She raised an alarm, but, on account of fright recoiled into her apartment of the house. After about half an hour, she heard the voices of the villagers. Reassured, she came out to the Dukarya and found Ilyas appellant and his co-accused Mahabir in the custody of the witnesses.
(3.) The alarm which she had raised earlier, had attracted the villagers viz., Gyan Singh (P.W.1), Ved Singh (P.W.9) and Mangat Singh (P.W.5) and others to the house. These persons saw the appellant and his companions Mahabir, Ranpal, Ram Swarup and Jai Prakash was strangulating Nathu with a safa; Ranpal accused was procuring his thumb impression on a sheet of paper. Ilyas appellant was holding Nathu's hand and helping Ranpal. Mahabir and Ram Swarup accused were holding the feet of Nathu. The witnesses challenged the miscreants. Satya Prakash, who was armed with a gun, scared them away. Ranpal, Satya Prakash, Jai Prakash and Ram Swarup succeeded in running away Mahabir and Ilyas were however, caught by Gyan Singh and the other prosecution witnesses. The witnesses then saw that Nathu was dead. The left thumb of the deceased was found smeared with ink.;