- (1.) Zatar Husain and his son Zafar Mahmud alias Munne and his servant Gaya Din appeal against their conviction Under Sections 302 and 307 read with Section 34, I.P.C. Zafar Husain was sentenced to death for the former offence and the other Appellants were sentenced to life imprisonment. The learned Sessions Judge has referred the case for the confirmation of the death sentence awarded to Zafar Husain.
(2.) The Appellants and Singhai deceased resided in village Seondha, police station Pura-Mufti, district Allahabad. It is alleged that these three Appellants together with one Maqsood, another son of Zafar Husain, went to the house of Singhai at about 9 p.m. on 25-7-1956, that Zafar Husain and his son were armed wish a spear and Gaya Din was armed with a lathi that at Zafar Husain's instigation Munne struck a spear at Singhai's abdomen, that Singhai who was sitting on a (sic) got up and proceeded to the verandah on the west, fell down there and Zafar Husain then struck another spear blow at his chest. Mirhai, son of Singhai, who was siting on another cot to the south of Singhai's cot, rushed to save his father but was given two spear blows by Maqsood. He also fell down. The Appellants then (sic) away southwards from which direction they had come in the beginning. They were said to be recognized in the light of a lantern which was hanging from the eaves of the Dalan.
(3.) The motive for the alleged conduct of the accused is said to be Zafar Husain's enmity with Singhai who had given evidence against him and his men in a murder case in which two relations of Dr. Naim and Chirku, son of Chaitu relation of Singhai were murdered. Singhai gave evidence twice in that case, once against the main body of the accused and second time against Zafar Husain who was not on trial, due to alleged absconding, in the first proceedings. After the arrest of Zafar Husain and during the pendency of the case against him, Munne, Gaya Din and two other persons are alleged to have raided the house of Singhai and failing to strike him killed his dog and held out the threats of breaking his hands and feet in case he gave evidence in the sessions court. This incident took place on 11-1-1954. A report was lodged by Singhai about this incident. Zafar Husain was ultimately acquitted in June, 1954.;