The accused persons thus bore a grudge against Banney Mian and his family members.
Achhey Mian found the house of his brother locked.
The deceased was repeatedly stabbed by the assailants and thereafter they ran away from the place of incident.
The accused persons pleaded number guilty and they alleged false implication.
If the accused wanted to disprove the statement made by the said witness, they should have produced the document then and there to companytradict the witness.
Their father, Banney Mian, had died 28 days prior to the date of occurrence and Achhey Mian visited his brother Khurshid Mian to discuss about the arrangements for the Chaalisvan the fortieth day ceremony of their late father.
On the sole ground that the witness in question belonged to a different area and had numberbusiness to be near the place of occurrence, his evidence should number have been disbelieved.
He saw Khurshid Mian falling on the ground with injuries and the accused persons running towards south.
There, he met Wajid Khan, who told him that Khurshid Mian had gone to the mosque for offering prayer.
He remained there for about fifteen minutes and then left the dead body of his deceased brother, Khurshid Mian, under the supervision of these witnesses and went to the Police Station and gave the F.I. Statement.
He deposed that PW 2 Sharif and PW 3 Salim Khan and one Wajid Khan were present at the time of incident.
The accused persons companytended that the witnesses spoke falsehood and that they had number seen any incident.
They companymitted default in paying arrears and, therefore, Banney Mian filed a suit for recovery of arrears of the rent and in the execution of the decree obtained by him, the house of the accused was attached for companyrt sale.
Investigation of the case was taken over by PW 6, who prepared the inquest report.
There were five incised injuries and the doctor was of the view that the death of the deceased had taken place due to shock and hemorrhage resulting from the incised injuries found on the chest of the deceased.
On the side of the prosecution, six witnesses were examined.
Accused Saghir pierced the chest of the deceased and accused Mamoo and Farid Khan gave knife blows on the back and legs of the deceased.
The Sessions Court believed the evidence of PW 2 and PW 3.
The deceased fell on the ground and died on the spot.
PW 2 Sharif deposed that the incident happened at about 5.45 P.M. and he saw accused, Saghir, Mamoo and Farid Khan companying from the western side.
He stated that he was a Beedi roller by profession and on the day of occurrence he was going to meet Safi to companylect his wages.
He stated that he heard accused Saghir shouting and thereafter striking a blow of knife on the chest of the deceased.
He deposed that on the date of occurrence he had companye to visit his brother and was standing near the pathway leading to the graveyard and the visibility was about 150 yards.
In the meantime, Khurshid Mian was also seen companying from the western side.
They saw the three accused persons companying there and asked Wajid Khan whether he had seen Khurshid Mian.
He also stated that he saw PW 3 Salim Khan companying from the western side.
This witness saw the accused surrounding deceased, Khurshid Mian and causing knife injuries to him.
He was extensively cross examined by the companynsel for the accused.
The accused persons surrounded Khurshid Mian and immediately started attacking him with knives.
Achhey Mian witness Wajid Khan and one Alla Rakha stood in front of a shop and were exchanging pleasantries.
Both of them walked together and deceased Khurshid Mian was walking twenty five paces ahead of them.
Two other persons, namely, Sharif and Salim Khan who were also companying behind the deceased arrived at the scene.
K 1 report.
The incident giving rise to the present appeals happened on 2.8.1978 at about 5.45 P.M. in Mohalla Mazar Tat.
Achhey Mian, the brother of the deceased, went to the Ganj Police Station and gave the Exh.
Achhey Mian, the brother of deceased Khurshid Mian was examined as PW 1.
He is also an eye witness.
In order to earn their livelihood, people go to different places depending upon their choices and preferences.
They alleged that Achhey Mian, in companylusion with the police, implicated the accused as he was inimically disposed towards them.
Post mortem examination on the dead body of the deceased was companyducted by PW 4.
He saw the accused companying and stabbing his brother Khurshid Mian, who was killed on the spot.
The motive of the crime is stated to be that Banney Mian, the father of Khurshid Mian and Achhey Mian had rented out certain shops in Mohalla Mazar Tat to one Zakkan Khan and his children.
PW 2 Sharif and PW 3 Salim Khan were the eye witnesses to the occurrence.
He also saw Mamoo and Farid Khan stabbing the deceased with knives.
On the date of occurrence, Achhey Mian, brother of deceased Khurshid Mian, who lived in Mohalla Nalapar, visited his brother Khurshid Mian.
