B.P. Singh, J. - (1.) Syed Hasan alias Baboo Saheb has appealed against his conviction and sentence which was recorded by learned IV Additional Sessions Judge, Allahabad in Sessions Trial No. 214 of 1978 (State v. Syed Hasan Alias Baboo Saheb) under Section 307 I. P. C., P. S. Kotwali, District Allahabad.
(2.) Both Amar Nath (PW-1), the injured, and the appellant Syed Hasan Alias Baboo Saheb are residents of Garhi Sarai, P. S. Kotwali, Allahabad City. Prior to the occurrence of this case Amar Nath PW-1 had acted as an informer for the local police on some occasions. The appellant, Syed Hasan, was involved in some criminal cases and his impression was that he was involved as result of the information passed on by Amar Nath. This had caused enmity between the injured and the appellant.
(3.) In the early morning of 25. 3. 1979 Amar Nath. alongwith his wife Sanitchri, Nachchul, Achchoo and Nankoo, had planned to go to village Tharwai in order to celebrate the Holi festival. It was for this reason that during the night of 24th/25th March, 1978 Nankoo and Achchoo were massaging the horse of Amar Nath as the journey to Tharwai was to be taken in a Tanga. At about 2.45 a. m. when the horse was being massaged, Nachchul and Amar Nath were sitting nearby while Smt. Sanitchri was sitting inside the room.;