Srinivasan, J. - (1.) This appeal by special leave is directed against the judgment of the High Court of Allahabad confirming the order of conviction passed by the III Additional Sessions Judge, Kanpur on a charge under S. 302, I.P.C. against the appellant and sentence for rigorous imprisonment for life.
(2.) The case of the prosecution was as follows: On April 7, 1977 at about 3.30 p.m. the victim Shree Prakash was going in a rickshaw with his servant Nanhu Singh (P.W. 3) followed by Balkrishan Bajpai (P.W. 1) and Mohammed Haneef (P.W. 2) in another rickshaw in the crossing of Alumandi, Co-operganj, Kanpur within the area of the police station Anwarganj. At that time the appellant arrived at the spot sitting on the pillon of a motor cycle driven by another person, shot the victim with a pistol and sped away. The witnesses proceeded to the police station which was very near the place of occurrence and lodged a complaint around 3.45 p.m. The victim was taken to the hospital where he was declared dead. While P.W. 1 stayed at the police station for giving a statement, P.W. 2 went to inform the sister of the victim. The name of the appellant was mentioned by P.W. 1 in the FIR who could not however give the name of the person who was driving the motor cycle though he claimed that he could identify him on seeing his face. The appellant could not be traced till he surrendered in Court on 13-5-1977.
(3.) On that date itself the appellant moved an application before the C.M.M. Kanpur claiming that witnesses were not known to him and that a test identification parade should be ordered. The C.M.M. dismisssed it on the ground that the offence being one exclusively triable by Court of Sessions, he could not pass orders thereon. That order was challenged in the Court of Sessions, Kanpur. The latter allowed the prayer by order dated 14-6-1977 and directed the appellant to be put up for identification. But the identification parade was not held.;