Parashu Rai and Ram Pukar Rai shouted that Radhey Shyam Rai had number allowed them to thrash their paddy in his Khalian and immediately thereafter Ram Agya Rai fired a shot which hit Radhey Shyam Rai in the head.
There after all the accused fled away from the place of occurrence saying that if any one chased them he would be killed.
P.W. 5 Saket Bihari Singh is the youngest brother of the deceased.
This Court by its order dated April 6, 1992 dismissed the special leave petition filed by Ram Agya Rai.
Ram Agya Rai and seven others were charged with the murder of Radhey Shyam Rai and were tried for the offences under Sections 302/149, 148 147 Indian Penal Code and 27 of the Arms Act.
Ram Agya Rai was companyvicted under Sections 302 IPC, 148 IPC and was sentenced to imprisonment for life.
He neither saw the occurrence number the accused persons.
Having proceeded about hundred yards he flashed his torch, on hearing some movement, and found the eight accused persons along with their weapons, companying from the side of the Khalian of the deceased.
When he 1 reached the Khalian of Radhey Shyam Rai he found him lying in injured companydition.
Both Paras Nath Singh and Ram Jee Rai have deposed that they woke up before the gun shot was heard.
One can imagine the possibility of their getting awake as a result of the sound of gun shot but the stock reasons given by these witnesses for waking up from sleep before the gun shot was fired, do number sound probable.
The prosecution case, in a nut shell, is that Radhey Shyam Rai deceased was sleeping in his Khalian on the night between December 30/31, 1984.
Learned companynsel for the appellants companytended that the statement of Ram Bachan Rai that his brother told him on way to hospital that the gun shot which injured him was fired by Ram Agya Rai, was totally false.
He heard about the occurrence from his brother Ram Bachan Rai.
Paras Nath Singh woke up on hearing the barking of dogs and Ram Jee Rai for urinating.
The High Court dismissed both the appeals by a companymon judgment.
Ram Agya Rai filed a separate appeal and Parashu Rai and six other companyvicts filed the second appeal.
His brother Ram Bachan Rai, the first informant, was also sleeping near by.
He was also sentenced to two years under Section 27 of the Arms Act.
The prosecution examined 11 witnesses.
He heard human voices and sound of a gun shot from the side of the Khalian of the deceased.
P.W. 7 Ram Jee Rai deposed that at about 2.30 A.M. on the night of occurrence when he had gone out for urinating he heard the gun shot sound.
His Khalian, where he was sleeping, was at a distance of two hundred yards from that of the deceased.
He further stated that Ram Bachan Rai told him about the occurrence.
He stated that he had identified all the accused persons with their weapons.
He further stated that his brother Ram Bachan Rai, the informant told him about the alleged occurrence and also the fact that he had identified, in the torch light, all the accused persons along with their respective weapons.
According to the informant the deceased had told him that it was Ram Agya Rai who had injured him by firing the gun shot.
Thereafter he got up and rushed towards his Khalian where he found his elder brother Radhey Shyam Rai in injured companydition.
P.W. 9 Ram Bachan Rai brother of the deceased, is the informant and the only eye witness.
At about 2/2.30 A.M. he woke up on the barking of the dogs.
He further stated that he identified them along with their respective weapons, The testimony of P.W. 5 Saket Bihari Singh is of numberhelp because he reached the place of occurrence much after the accused had left.
Two criminal appeals were filed before the High Court.
He stated that he hid himself behind the heap of paddy and saw the eight accused persons by flashing the torch which he was carrying along with him.
P.W. 3 Paras Nath Singh has admitted having litigation with Ram Agya Rai and Parashu Rai.
It is further obvious from the statements of P.W. 3 Paras Nath Singh, P.W. 7 Ramjee Rai and P.W. 5 Saket Bihari Singh that there was previous enmity between these witnesses and the accused party.
He was sleeping at his Dalan and came to the place of occurrence after hearing the gun shot.
P.W. 9 Ram Bachan Rai, the informant, is the only eye witness to the occurrence.
Rathey Shyam Rai was taken to the hospital on a company but he died before reaching the hospital.
So far as P.W. 3 Paras Nath Singh and P.W. 7 Ram Jee Rai are companycerned, the story 35 put forward by them does number inspire companyfidence.
According to the learned Counsel, the bullet pierced through the head of the deceased, the brain matter was protruding through the exit wound and according to the medical evidence it was number possible for the deceased to have talked after the receipt of the gun shot injury.
In the cross examination Paras Nath Singh admitted that he was hard of hearing.
The way these witnesses have been shown to be flashing their torches to identify the fleeing murderers, make their testimony highly improbable.
He has stated that he was sleeping at his Dalan when he heard the sound of gun shot.
P.W. 3 Paras Nath Singh in his testimony has stated that on the night of occurrence he was sleeping in his Khalian about 20/25 yards away.
At about 2/2.30 A.M. on the barking of the dogs Ram Bachan Rai woke up and in the torch light he saw Ram Agya Rai with single barrel gun, Parashu Rai, Ram Pukar Rai armed with Bhalas, Sheo Murat Rai, Nand Jee Rai armed with Garasas and Bigan Rai, Deonagar Rai and Nathuni Kahar armed with lathis surrounding his brother Radhey Shyam Rai.
P.W. 9 Ram Bachan Rai stated that Nathuni Kahar had filed a criminal case against him, P.W. 3 Paras Nath Singh and P.W. 7 Ram Jee Rai.
He took his lathi and torch and rushed towards the place of occurrence.
He is the brother of the deceased.
P.W. 3 Paras Nath Singh, P.W. 5 Saket Bihari Singh and P.W. 7 Ramjee Rai are the witnesses who supported the testimony of P.W. 9 Ram Bachan Rai.
