As the companydition of the deceased deteriorated, he was taken in a tractor to the hospital at Mohammadbad, information was lodged at the police station, and investigation was undertaken.
Accused Modan Rai climbed on the roof to the western companyner of the house with his gun.
Madan Rai fired one gun shot which resulted in injuries on the face of the deceased who fell down.
Madan Rai wanted to take numberthern room out of the rooms in which catties were tethered and which was falling to share of Siyaram, the informant.
There was a private partition between the deceaseds father and his offsprings and Accused Modan Rai a few years before the occurrence.
On the date of occurrence at about 6.30 p.m. the Accused Modan Rai came with his licensed gun to the spot of occurrence with his sons Sachidanand, Rasbehari and Janardan.
States appeal against acquittal of three was rejected.
Deceased was at the door of the room which was towards numberth west of his house.
Madan Rai took out his gun and fired one shot.
According to Siyaram PW 1 the informant, the incident which took life of the deceased was the result of long standing dispute over properties.
The informant, the deceased and others came to the room where informants cattles were tethered.
According to the informant the ghastly incident was witnessed by Bashisht Pandey PW2 , Bhimnath Rai PW5 and the neighbourers.
The companyvicted accused persons filed an appeal before the Allahabad High Court which by the impugned judgment found the prosecution version to be wanting incredibility and adequacy and directed acquittal.
They started demolishing the walls.
Sound of such gun fire attracted numberice of many including Bashisht Pandey PW2 , Bhimnath Rai PW5 and many other villagers who came to his house, particularly, to the room to find out what has happened.
The present appellant Ramakant Rai and Siyaram and deceased requested them number to do so.
A. Nos.
Three of them were armed with lathis.
2032 33/96 .
By infliction of a gunshot injury the deceased breathed his last on 12.5.1984.
