S.K.Agarwal, R.C.Pandey, JJ. - (1.) Heard learned counsel for the petitioner and learned A.G.A. and we have gone through the report of the District & Sessions Judge.
(2.) The report of the learned District & Sessions Judge is based upon the evidence of the son of the petitioner Lakshmi Narain alias Lallu, the convict petitioner, and 4-5 other witnesses belonging to the same village or from nearby villages. One of these witnesses is a Mohamedan. The other witness was a class fellow of the petitioner and his other brother, Lakshmi Kant. The witnesses have categorically stated that his other brother is known as Lakshmi Kant alias Lallan.
(3.) The petitioner was convicted in this case in the trial of murder of his own sister-in-law along with his father. Both were convicted in 1971. In 1970, according to jail record, the said Lakshmi Narain alias Lallu was lodged in jail during investigation. He was again lodged in jail after his conviction. In the interregnum between conviction and investigation, probably he was on bail. This Court again granted him bail during pendency of the appeal and when this Court confirmed his conviction and sentence in 1976 he was again lodged in jail to serve out the sentence on 29.9.1994. The judgment of appeal shows that there was a direction from this Court for his, apprehension and confinement in jail to serve out his sentence Shitla Prasad, his father, was also convicted along with him, but he died in the meantime. Therefore, there was no question of his being incarcerated to serve out the sentence. The appellant Lakshmi Narain alias Lallu was thus the person to be sent to jail to serve out his sentence.;