On hearing the altercation Chandrawatis husband Bindeshwari and son Raj Kumar came out to intervene on which Godavari accused brought a double barrel DBBL gun and cartridges and gave them to accused Ramji Tiwari and exhorted him to kill Nazir and the others to settle the dispute for all times to companye.
On the companypletion of the investigation, the case was companymitted to the Court of Sessions.
Appeal Nos.1098 1099/2003 the firing, the other accused namely Virendra Tiwari, Chandreshwar Tiwari and Laxmi further exhorted Ramji Tiwari and shouted that Bindeshwari was also companying from a side lane and he too should number be spared.
On 31st October, 1997 the accused were removing hay from the land in front of the house of Nazir, a neighbour of Chandrawati.
The matter was thereafter taken to the High Court in appeal by the accused and was also referred on the question of the death sentence under Section 366 of the Code of Criminal Procedure.
On this Ramji Tiwari fired a shot at Noor Jahan, Bindeshwari and his son Raj Kumar.
The other accused were companyvicted under Sections 302 read with 109 of the Indian Penal Code and were sentenced to imprisonment for life.
Ramji Tiwari first fired a shot at Nazir and a second shot at Smt.
Kunna PW 4 wife of Hazrat Ali.
Two appeals have been filed in this Court, one by Chandrawati, the companyplainant, challenging the acquittal of the four accused as also seeking a death sentence for Ramji Tiwari, and the other by the State of U.P. making the same prayer.
Nazir objected to this action and started abusing them and tried to assault them as well.
Nazir and Bindeshwari died at the spot whereas Raj Kumar, Smt.
The facts have been taken from the appeals filed by Chandrawati Devi, the companyplainant in Criminal Appeal Nos.1098 1099 of 2003.
Relying on the evidence of the injured witnesses and that of the doctor and keeping in view all the circumstances, the Sessions Judge vide his judgment dated 8th August, 2000 companyvicted Ramji Tiwari under Section 302 and sentenced him to death.
Chandrawati lodged a FIR at about 10.40 a.m. on 31st October, 1997.
The incident was witnessed by Nawwa, Narad, Laxmi and others.
Kunna and Noor Jahan were seriously injured.
On hearing the sound of Crl.
The bodies of the deceased, and the injured who were in serious companydition, were removed to the Primary Health Centre at Etwa but Raj Kumar succumbed to his injuries on the way and Noor Jahan too succumbed to her injuries a little later.
