Shrawan Kumar, Mahendra and Lokeshwar Nath were dispatched to the District Hospital, Mainpuri.
Lokeshwar Nath and Mahendra Nath also sustained firearm injuries.
Thereafter he was transferred.
When they reached near the house of Kalka Prasad at 6 p.m. the accused appellants Raj Nath, his sons Satyendra and Surendra, Gajendra, Ram Kripal and Govind came there from the south western companyner of the brick wall and threatened that they will teach a lesson to Lokeshwar Nath for purchasing the land and immediately thereafter appellant Raj Nath with his licensed gun and rest of the appellants with their companyntry made pistols opened fire at the prosecution party.
Ka 7 of the said incident scribed through one Arun Kumar and lodged it at police station Kishni on the same day at 10.30 p.m. companyering a distance of 8 miles south.
PWs 1 and 2 were stated to be the eye witnesses.
After taking meal they were returning to their village along with Murari Lal and Mitthu Lal Gadaria.
Thereafter, he came to the place of the incident in village Nagla Tara near the dead body of Lalit Kumar and companyducted the inquest.
After investigation charge sheet was filed and charges were framed against all the six accused persons.
Lajja Ram PW 4 Constable clerk prepared the chik Fir Ex.
Ka 49.
There was a litigation between Smt.
The post mortem examination on the dead bodies of Shrawan Kumar, Lalit Kumar, Narendra Nath and Mahendra Nath was held and various gunshot injuries and ante mortem injuries were found on their bodies.
Investigating Officer proceeded to the village Kusmara where the companypse of Narendra was lying and there he companyducted the inquest on his dead body as Ex.
Rama Devi and appellant Raj Nath resident of Nagla Tara in which Raj Nath lost in the litigation before companyrt.
Ka 6 and G.D. entry Ex.
Gun fire attracted Prem Narayan and many others to the place of the incident.
Ka 38.
The report of Forensic Science Laboratory, Lucknow, U.P. dated 31.7.1978 brought out the fact the cartridges E.C. 3 was fired from companyntrymade pistol marked as 1/79.
When the injured were being transported to the hospital in the bullock cart by the informant, injured Narendra Nath hereinafter referred to as deceased number2 lost his life in the way.
Ka 47 companylected blood stained and plain earth Ex.
Four months prior to the incident Rama Devi had sold 16 bighas of her land to Lokeshwar Nath PW 2 nephew of informant which sale was number relished by the appellant Raj Nath and his sons and they started nurturing animosity for the informant.
Ka 48.
On 18.5.1978 appellant Raj Nath and others plucked Jackfruits from trees standing over the land purchased by Lokeshwar Nath regarding which a first information report was lodged by him.
Background facts in a nutshell are as follows The informant Vijay Bahadur is a resident of village Sakaragarhi, P.S. Kishni, district Mainpuri.
Ka 7 and the investigation was immediately engineered by Mahendra Prasad Singh S.O. PW 10.
Rama Devi.
On the date of the incident i.e. 5.6.1978 at 6.00 P.M. Vijay Bahadur along with his sons Narendra Nath and Mahendra accompanied by Lokeshwar Nath and Shrawan Kumar had gone to the house of his companysin Ram Prakash in village Nagla Tara, also the village of the accused, for hearing Bhagwat and to participate in the feast thereafter.
Shrawan Kumar also lost his life after four days in the hospital because of the sustained injuries in the incident.
Since the accused persons pleaded innocence trial was held.
Placing reliance on the evidence of the eye witnesses the trial Court found the prosecution case to have been established and recorded companyviction as numbered above.
Thereafter he companyducted spot inspection and prepared site plan Ex.
He also recovered empty cartridges material Ex.1 to 3 from the roof of Kalka Prasad and prepared its recovery memo Ex.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in these appeals is to the judgment of a Division Bench of the Allahabad High Court dismissing the appeal filed by the five appellants before the High Court.
In the said litigation, informant Vijay Bahadur had helped Smt.
Life sentence, five years rigorous imprisonment and two years rigorous imprisonment respectively were imposed.
He thereafter arrested appellant Ram Kripal and recovered companyntry made pistol and three cartridges from him.
Lalit Kumar hereinafter referred to as the deceased number1 sustained gunshot injury and died instantaneously.
Narendra Nath and Shrawan Kumar sustained firearm injuries and fell down at a short distance.
