- (1.) Shyam Behari and Ram Prakash were tried by the Sessions Judge, Etawah, for the murder of Barey Lal of village Bhatpura. The prosecution story was as under : On October, 30, 1966, at about 8 P. M. Shyam Behari the appellant, herein went to the house of Barey Lal deceased in village Bhatpura and inquired from Vijai Bahadur about the deceased. Vijay told Shyam Behari that the deceased was taking his food. In the meantime Barey Lal finished his meals and came out. The appellant after a brief talk with the deceased took the latter with him into the fields. About 20 minutes after their departure. Vijai heard outcry of the deceased. Thereupon Vijai (PW 1) him immediate neighbour, Babu Singh (PW 2), one Prem Narain (PW 3) and others of the village ran towards the spot from where the cries were emanating. Misri Lal PW who was easing himself in the vicinity was also attracted to the spot. When these witnesses were at a distance of 15 or 16 paces from the field of one Ram Sewak they saw the appellant repeatedly stabbing the deceased with a knife while another person was pinning the deceased to the ground. Prem Narain flashed his torch towards the assailants. There was also bright moonlight, the night being one immediately succeeding the night of full moon. On seeing the witnesses, the assailants ran away. After a hot pursuit, the witnesses succeeded in arresting the appellant after giving him a harsh beating from the field of Radha Krishan wherein he had attempted to hide. His companion, who was later on identified as Ram Prakash, managed to escape. The witnesses seized a blood-stained knife which the appellant was carrying. After his arrest, the appellant was brought to the scene of occurrence. Barey Lal who was then alive told the witnesses that the appellant had decoyed him from his house on the pretext of an abducted woman, and thereafter inflicted the injuries on him while he was accompanied by another person. He further stated that the appellant had done all this at the instance of Jai Lal and Raja Babu Pandey. On being questioned by the villagers, the appellant confessed his crime. Escorted by P. Ws. Vijai, Misri Lal, Prem Narain and others, Barely Lal injured and the appellant (Shyam Behari) were taken in a cart towards the Police Station Dibiapur, 4 miles away. When the cart reached near Sewar-Ki-Mathia, at about 9.30 P. M., Barely Lal succumbed to his injuries. Vijai P. W. 1 lodged the F. I. R. (Ex. Ka-2) in the Police Station same night at 10 P. M. The appellant and the blood stained knife were also made over to the custody of the Police there and then. The knife was sealed into a parcel and was sent in due course to the Chemical Examiner and Serologist. The Serologist reported that there was human blood on this knife.
(2.) The post-mortem examination was conducted by Dr. S. S. Anand on the following day. The Doctor found 22 injuries, out of these 21 incised wounds located on the neck, the cheek, the abdominal region, the left thumb, the back and the thighs of the deceased.
(3.) The plea of the accused was one of denial of the prosecution case. The appellant stated that he had been arrested from his house at about 12 midnight and was thereafter given a severe beating in the village at the instance of the Sub-Inspector. He denied his arrest from the field of Radha Krishan in the manner alleged by the prosecution witnesses. He further denied the seizure of blood-stained knife from his possession.;