Mahavir Singh - (1.) THIS appeal has been filed by Bishun Pal Singh against the order of Sri S. N. Harkauli, II Additional Sessions Judge, Lucknow who had convicted him for the offences under Sections 393, 323/34 and 324 IPC and sentenced him to seven year's, one year's and three year's rigorous imprisonment respectively. But he had ordered all the sentences to run concurrently.
(2.) THE prosecution story is as follows :- On 31-5-72 Sri C. D. Dixit, Assistant Director, R. D. S. O. Lucknow (PW 2) and his wife Smt. Tara Dixit (PW 1) were going to Kanpur from Lucknow by Delhi-Express. THEy were in the first class compartment. In their cabin they alone were occupants. THEre was no other passenger. THEy were sitting on the lower berths. THE light was on in the cabin. After some time of the departure of the train, the Coach attendant came there and they had some talk with him. After some time Sri Dixit took off his bush-shirt and lay on his berth. Smt. Tara Dixit began reading some book. While Sri Dixit was about to sleep, he suddenly heard a sound, "Hands up" and then he saw that three persons had entered in his cabin. One of them kept a pistol on his chest. Sri Dixit thought that this culprit had not overpowered him, though he could do so and so it could be said that the pistol was not a genuine one, so he tried to get up but the culprit pressed the pistol on his chest but he gave a jerk and then all the three culprits began to run away. Sri Dixit followed them. THEse three persons stood outside the door by catching the handle. In the meanwhile in the cabin itself one of the culprits had given a knife blow to Sri Dixit: He, however noted that fact when he had returned after the chase. At the time he did not see the coach-attendant. It was about 9.05 P. M. He thereafter closed the doors of the cabin. But soon after the passengers of the adjoining cabin came and got him open the doors. THEn they learnt about the incident. THEy got the train stopped at the next station Jaitipur. From there they gave telephonic information to Station Master Unnao and Charbagh Railway Station, Lucknow. When the train reached Unnao Station, the Station Master Sri Jamuna Prasad Tripathi (PW 3) and Sri Beni Singh, Station Officer, G. R. P., Unnao (PW 9) were at the station and they went to the cabin of Sri Dixit. There Sri Dixit handed over the first information report to them. First aid was also given to Sri Dixit. Sri Beni Singh Station Officer found the torn reservation-chart and the 'Jhola' of the Coach- attendant Munna Lal but the coach- attendant was not traceable. On the other side getting information at the Lucknow Station, Sri G. P. Saxena was asked to search for the Coach-attendant Munna Lal So he left at about 12 a. m. on a light engine. He found the dead body of Munna Lal cut in several pieces a little before Amausi Railway Station. He also found dead body of a stranger sat some distance from there.
(3.) PAPERS had been sent from G.R.P. Police Station Unnao to G.R.P. Police Station, Lucknow as the offence was said to have been committed within its jurisdiction. Sri R. P. Gupta, S. I., GRP started investigation. He prepared inquest report (Ex. Ka-3) etc. documents for this purpose. The other S. L, Sri Jagdish Prasad Misra (PW 6) prepared the inquest report of the dead body of the stranger the next day con 1-6-72 at 10-30 a. m. Both the dead bodies were sent for post-mortem examination. The police continued to patrol the railway line. In the morning of next day, i. e, on 1-6-72 the police found the appellant hidden behind the shrubs near the Railway Pole No. 26/11. He had injuries on his person. He was at once arrested and made 'baparda'. At 3.50 P. M. he was sent to G. R. P. Police Station, Lucknow. Next day he was medically examined and then sent to jail and there he was put up for identification test. He was identified by Smt. Dixit alone correctly. After completing investigation a charge-sheet was submitted against him. Besides the above mentioned charges the appellant was also charged for the offence of committing murder of the coach- attendant. The appellant had denied to have committed the offences and stated that he had been implicated due to enmity. He also said that in identification parade he was not being identified but in the second round on the prompting of the Assistant Police Prosecutor, Smt. Tara Dixit put her hand on him. He was also alleged to have been shown at the police station.;