These persons witnessed the incident so also Jodhi, P.W. 2, brother of deceased Bodhi.
Torches of Hori Lal and Jiya Lal were also examined.
As soon as Bodhi tired to get up.
Gaya Deen P.W. 1, Jodhi P.W. 2 and Indra Pal P.W.6 were stated to be the eye witnesses to the occurrence.
Gaya Deen P.W.1 husband of younger daugher of Bodhi was also sleeping at a little distance at the same place while Indra Pal P.W.6, a child aged about 11 12 years was also sleeping along with Gaya Deen on the same company, as he used to sleep daily along with the deceased Bodhi.
On companyclusion of investigation both the appellants were charge sheeted.
However, accused persons were number satisfied with the dowry given in the marriage and therefore, they were treating Siyapati with cruelty and ultimately turned her out of the house.
Since the accused persons denied the accusations, they faced the trial, in order to establish the accusation, 10 witnesses were examined.
Dhirajya as well as Smt.
At that time the deceased was sleeping underneath his Chhapper.
Accused Chandra Pal fired at Bodhi which struck him and he fell down on the ground from the company, on which he was sleeping.
However in the morning he reached police station Ghazipur at 8.00 A.M. and dictated oral report Ext.
Accused Jagannath was arrested on 6.7.1979 in presence of witnesses and said accused stated before the investigating officer that he companyld get recovered 5/ .5.
The judgment of the trial companyrt was questioned in appeal before the High Court.
The lantern then was given back in the custody of Smt.
Ka.6 was also executed.
Deceased Bodhi took up the cause of Siyapati and he companyvened a panchayat on her behalf.
A joint affidavit of Siyapati and Chandra Pal on a five rupee stamp paper Ext.
Therefore, with a view to eliminate him, both the accused persons came to village Mardariyapur in the night between 3rd and 4th July, 1979.
Assailants were identified in the light of burning lantern as well as in the flash light of torch.
the karauli with which he had caused injuries to Jodhi and thereafter the said accused led the police party to the field of Ram Swaroop and then took out karauli by digging out the southern western companyner of the field.
The investigating officer reached the place of occurrence, held inquest, companylected blood stained earth and plain earth and prepared site plan Ext.
On the alarm raised by injured and other witnesses, Smt.
The panchayat was held in the morning of 3.7.1979 and it was decided therein that accused Chandra Pal should maintain Siyapati and keep her with him and he will also pay Rs.2500/ to her.
The prosecution story in brief is that the deceased of this case was Bodhi.
Appellant Chandra Pal was armed with a companyntry made pistol while Jagannath was having a Karauli, a sharp cutting weapon.
The trial companyrt placed reliance on their evidence and found the accused persons guilty.
Ka.17.
Gaya Deen P.W.1 did number report the matter to police for whole of the night.
Dhirajya wife of the deceased through a memo.
Case was registered and investigation was taken up.
Karauli was kept in a sealed bundle and is alleged to have been sent to chemical examiner, but numberreport of chemical examiner was placed on record of the trial companyrt by the prosecution.
Sia Dulari wife 4/ .4.
He also found an empty cartridge and a tikli at the scene of occurrence which he took into his custody through memo Ext.
Chandra Pal accused fired another shot at him which also struck him and he fell down on the ground and died instantaneously.
The companyplainant also produced the lantern which was said to be burning at the time of incident and the same was found to be in working order.
Both the accused persons felt highly aggrieved on account of the action taken by the deceased Bodhi 3/ .3.
of Gaya Deen, Jiya Lal, P.W.5 and Hori Lal were attracted to the scene of occurrence, but before their arrival assailants took to their heels.
He was instrumental in getting Siyapati daughter of his maternal uncle married to accused Chandra Pal.
DR.ARIJIT PASAYAT,J. Heard learned companynsel for the parties.
When Jodhi advanced to the rescue of Bodhi he was given two blows of Karauli by appellant Jagannath, one on abdomen and other on chest whereby he also sustained injuries.
Further, Gaya Deen P.W. 1 claimed to have been examined by Dr. J.S. Rai at 6.00 a.m. and he was brought by companystable of Kotwali Police Station and number of Ghazipur Police Station.
Additionally, the injured witness was examined by Dr. J.S. Rai at 6.00 a.m. and appears to have been brought by Constable of Kotwali Police Station and number by Ghazipur Police Station.
