After that they went to a nearby betel shop.
Many villagers were present there at the time of occurrence.
The companyplainant and others raised alarm and the accused ran away towards the village hospital.
But, as numbered above, companyaccused Rajendra was acquitted by the High Court.
Accused Rambali had a double barrel gun in his hand and a single barrel gun was in the hands of the acquitted accused Rajendra Singh.
They came to the bus stop and sat at the Chabutra in front of the Dak Bungalow and waited for the bus.
Six witnesses were examined to further the prosecution case.
The accused who pleaded innocence did number examine any witness.
The Trial Court accepted the version of PWs 1 and 2 as a companyrect reflection of what had happened and placing reliance on their evidence directed companyviction.
The doctors view numbered in the post mortem regarding rigor mortis also improbabilises the time of occurrence as alleged.
Background facts which led to trial are as follows Complainant Ram Singh PW 1 at the time of occurrence was living at village Swasa.
In support of the appeal, learned companynsel for the accused appellant submitted that the High Court has number elaborately analysed the evidence and has cryptically disposed of the appeal.
The accused Ram Bali Singh went to jail on 20.7.1982 for identification and he was number present at the time of incident.
They took the plea that the companyplainant was number present at the site of the occurrence as alleged to have happened.
After FIR was lodged, investigation was undertaken.
FIR was lodged at the Binwar police station around 9.30 p.m. It has been accepted that it would have hardly taken half an hour by bus or motorcycle to reach the police station.
At that time a bus came from Hamirpur.
There was enmity between the family members of the companyplainant and accused Rambali Singh due to litigations and for that reason the accused persons had assassinated the deceased Prem Singh.
At that time Rambali fired from his double barrel gun and killed the deceased who died at the spot.
One Ram Kishan Gupta had called him from his village Swasa on motorcycle.
However, companyaccused Rajendra Singh was acquitted.
On companypletion of investigation charge sheet was placed and matter was taken up for trial after framing charges.
From there they came and stood in front of them and said to his brother, the deceased Dishonest should we kill you.
Appellant Rambali Singh A 1 and Rajendra Singh A 2 residents of village Chhani Bujurg got down from that bus.
The occurrence report was drafted by Ram Kishan Gupta under the instruction of companyplainant, registered as FIR and is Exhibit Ka 1.
Out of six witnesses examined, PWs 1 and 2 were stated to be the eye witnesses to the occurrence.
On the way his brother Prem Singh hereinafter referred to as the deceased who was living at village Chhani met him.
On 20.7.82 at about 6.00 p.m. when he was returning to his village Pyare Singh PW 2 , a companyvillager was also with him.
