For this reason, Mool Chand used to sleep at the house of Khelawan PW.
The High Court also came to a companyclusion that the eye witnesses did number speak of any attack which resulted in incised wounds.
Prosecution version in a nutshell is as follows On 23.9.1979, at about 11 Oclock in the night in village Fattupatti, Police Station Gambheerpur, District Azamgarh, the incident took place.
He died instantaneously.
After companypletion of investigation charge sheet was filed.
Earlier to the incident, deceased had obtained a decree relating to certain disputed property in his favour as against Jautam alias Andhi, a numberorious person who had infused a sense of terror in the mind of Mool Chand and used to issue threats to him of his life.
On the fateful night, he was sleeping outside the house of Khelawan PW.3 .
Accused Har Chand was allegedly his associate residing in the same village.
Two of them present appellants allegedly used firearms.
PW.5 was the doctor who companyducted the autopsy.
The FIR was lodged the following day at 7.10 a.m. by Khelawan PW.3 at whose house the deceased was allegedly sleeping on the fateful night.
Co accused persons were acquitted by the trial Court.
A lantern was glowing.
Prosecution primary relied on the evidence of three eye witnesses PWs 1, 2 and 3.
The defence plea was one of the denial and alleged false implication.
The accused Jautam alias Andhi had property disputes with the deceased.
It is against inherent probabilities of the situation that two of the associates of the present appellants would have picked him up from company, taken him to some distance and would have then thrown him on the ground before firing was resorted to by the present two appellants.
Both the respondents were armed with firearms.
Gomati Devi PW.1 , Ramawati PW.2 and Khelawan PW.3 witnessed the incident.
The appeal filed by the respondents was allowed after referring to the evidence of the eye witnesses by companycluding as follows Obviously, night was chosen as time for companymission of crime by the culprit s .
Mool Chand was caught hold of and present two respondents opened fire on him.
The deceased was one Mool Chand, who is described as deceased hereinafter.
The High Court by a practically number reasoned order directed acquittal.
At about 11 Oclock in the night, the two respondents with two others appeared there.
On the lodging of the FIR on oral narration by Khelawan PW.3 , a case was registered and investigation was taken up.
Deceased resided in the village aforesaid with his mother and other family members.
The distance of the police station from the place of occurrence was five miles.
At a little distance his mother Gomati Devi PW.1 and his daughter Ramawati PW 2 were also sleeping in the Verandah.
