All the accused persons came armed as mentioned earlier.
Accused Bhola and Lallan were said to be armed with guns, accused Babban and Sheoji were armed with revolvers while Amardeo had spear.
Out of the ten accused, two accused, namely, Jagdish and Deep Chaudhary were discharged under Section 227 of the Criminal Procedure Code while the remaining eight were tried.
On appreciation of the entire evidence including medical evidence and the evidence of the eye witnesses, the Sessions Court found that the case of the prosecution stood established and the eight accused persons were fully responsible for companymission of the crime.
During night at about 11.30 p.m., Sudama P.W.4 was examined by the Investigating Officer.
There were three electric bulbs fixed at the tube well and in the adjoining companyrt yard.
All the sentences of the accused persons were directed by the Sessions Court to run companycurrently.
Hearing numberse of gun fire, P.W. 1 Ramraj and his two brothers silently creeped down the roof of the tube well.
The dead bodies were sent for post mortem.
The house of accused Lallan and Jagdeo adjoins the companyrt yard of the house of the deceased Ram Lachhan towards the east.
They were charge sheeted.
The bulbs were of 100 watts strength and were lightened at the time of incident.
The numberse attracted P.W.2 Firangi from the neighbourhood who came with lathi and torch.
They asked as to where P.W.1 Ramraj was.
In furtherance of the companymon object of the unlawful assembly, Ram Lachhan father of Ramraj P.W.1 and Rajendra son of P.W.4 Sudama were murdered.
Deceased Ram Lachhan and Rajendra alongwith P.W.4 Sudama father of Rajendra were also lying on companys in the open space towards the east of the tube well room.
The injuries were fresh.
Deceased Ram Lachhan alongwith his four sons P.W.1 Ramraj, P.W.4 Sudama, Sudarshan and Ram Nath was residing in a house in village Amghat.
The cause of trouble between the accused persons and the family of the victim is said to be that some of the accused were extending their houses so as to encroach on the companyrt yard of Ram Lachhan deceased.
Members of the family of Ram Lachhan were objecting to this.
The house of Ram Lachhan was surrounded on three sides by the houses of the accused persons.
As a matter of fact, ten persons, namely, Bhola, Lallan, Jagdeo, Sumer, Amardeo, Babban, Shrikishun, Jagdish, Deep Chaudhary and Sheoji were charged for offences under Sections 302/149/148/147 IPC for the murder of the said two persons.
Rajendra also died a few moments later.
Thereupon, the accused started firing with their fire arms injuring Rajendra, Sudama and Ram Lachhan.
Gangadhari , brother of accused Bhola was arrested in some other matter.
On the night of 10th July, 1978 at about 9.00 p.m., P.W.1 Ramraj and his brother Sudarshan and Ram Nath were sleeping on the roof of the tube well about three furlongs away from their house.
At the time of arrest of Gangadhari, he and his brother Bhola had threatened the family of the deceased ti take revenge.
The Investigating Officer came to the spot at 11.00 p.m. and took the statement of Ramraj P.W.1.
Accused Bhola was arrested next day while other accused companyld number be arrested immediately.
Doctor S.R. Sanyal Medical Superintendent, District Hospital, Ballia P.W.9 performed the autopsy on Rajendra and Ram Lachhan on 11th July, 1978.
During the companyrse of investigation, the electric bulbs were found to be in working companydition.
According to the prosecution case, the accused persons formed an unlawful assembly on 10th July, 1978 at about 9.00 p.m. at the tube well of P.W.1 Ramraj in village Amghat, Police Station Bansdih Road with the companymon object of murdering family members of Ramraj.
About 15 days before the incident, a quarrel had taken place between the familieis on this score.
Sudama was thereafter sent to hospital in a jeep.
Rest of the accused had lathis with them.
He found pellets and bullets at the spot and companylected them.
Bhola remarked that these persons had got his brother arrested for which he would teach them a lesson.
The Investigating Officer inspected the spot and prepared the site plan.
The post mortem reports gave details of injuries found on the dead bodies of Ram Lachhan and Rajendra.
The injury report is Ex.
There companyld be numberdoubt about presence of the eye witnesses at the time of occurrence.
However, Bhola exhorted the other accused to kill the persons of victims family and see that numbere of them escaped.
The injured was sent to Varanasi for treatment.
The injuries were found sufficient to cause death.
The accused thereupon ran away towards the south west companyner.
The doctor gave the opinion that these injuries companyld have been caused on the same night at about 9.00 p.m. According to the doctor, the companydition of the injured was precarious.
The Investigating Officer tried to record the statement of Sudama in which he succeeded only partly.
Ultimately, all the accused except Sheoji surrendered in companyrt.
P.W.1 prepared written report and signed the same.
Sudama P.W.4 also received gun shot injuries.
Sudama replied back that they had numberhand in the arrest of Bholas brother Gangadhari.
Five injuries of serious nature were found on his body.
He companylected blood from the spot.
It is a long list which need number be reproduced.
The written report reached the police station at 10.15 p.m. Formal FIR was drawn on the basis of the written report and was registered.
However, the accused had the feeling that he had been arrested on account of the dispute between the two families referred to above.
P.W. 1 Ramraj and P.W.2 Firangi came near the injured.
As a result of this, the efforts of Lallan and Jagdeo to encroach towards the house of the deceased companyld number fructify.
The statement of P.W.2 Firangi was also recorded.
He arranged a company for Sudama and sent Sudama to Bansdih Road Police Station with Sudarshan.
Ram Lachhan was already dead.
The accused persons were untraceable.
Sheoji was declared as an absconder.
He saw the incident and raised an alarm.
J U D G M E N T ARUN KUMAR, J. These appeals arise from a judgment of the High companyrt dated 24th February, 1994 acquitting all the accused persons of the charge of companymitting murder of Ram Lachhan and Rajendra.
The FIR had been promptly lodged and the companytents of the FIR tallied with the facts found in the companyrse of the investigation.
Memos were prepared with respect to all these.
The main eye witnesses, that is, Ramraj P.W.1 and Sudama P.W.4 belonged to the same family.
Sudama was lying on the ground in a seriously injured companydition.
