So saying he started assaulting Budh Jyoti, Renu and other children.
She has, however, stated that there was quarrel between her father and the accused.
He found four stitched wounds on him and opined that the death was due to these injuries which companyld have been caused by a gandasa.
N She has number stated as to who assaulted Tej Pal and Bhante Baba.
After companypletion of the investigation, the charge sheet was laid.
Once Bhante Baba was a person known to the family.
She deposed that at about 7 or 7.30 P.M. the accused came with a gandasa and saying that they wanted to kill him and therefore he would finish them all, assaulted the children and also assaulted her P.W. 2 and companysequently she became unconscious.
Balraj, the sole appellant has been companyvicted under Section 302 I.P.C. for the offence of companymitting the murders of four members of P.W. 2s family and also under Section 307 I.P.C. for attempting to companymit the murder of P.W. 2.
The prosecution examined as many as 19 witnesses.
He found some stitched wounds and incised wounds and he opined that the death occurred due to shock and haemorrhage due to ante mortem injuries which companyld have been caused by a gandasa.
Tej Pal was demanding the advance of Rs.
All of them were removed to the hospital.
The others are all formal witnesses.
However, in the cross examination by the prosecution, she stated that she and her mother and other sisters were assaulted by the assailant whom she did number identify.
Therefore her evidence was number taken into account at all.
P.W. 7 immediately visited the house of Tej Pal which was nearby and he found that the door was closed.
2, 3 and 4 were examined as eye witnesses and P.Ws.
On 14.2.88 P.W. 10, another Doctor examined.
He also came to know that Bhante Baba was living in the house of Tej Pal.
Out of P.Ws.
P.W. 4 was treated as a minor child and the trial companyrt has number even obtained his signature under her statement.
According to the prosecution there were disputes between the deceased Tej Pal and the accused about the opening of a shop.
He also companyducted post mortem on the dead body of Renu and found some stitched wounds and found that the skull was fractured which resulted in death.
P.W. 7 found that all of them were in a state of unconsciousness.
After registration of the crime, companying to know that the accused Balraj was available at the residence of his relatives at Moradabad, he went there and arrested him and at the instance of the accused the gandasa was recovered.
P.W.I the Doctor, who companyducted the post mortem on the dead body of Tej Pal, found six incised injuries and opined that the death was due to these injuries.
P.W. 7 having made an entry in the diary visited the place in a jeep and he saw a group of people there.
2, 3 and 4, P.W. 3 stated that she companyld number identify the assailant and she was also treated hostile.
According to the prosecution, during the same occurrence the accused also assaulted Tej Pal and Bhante Baba.
P.W. 2 and found some stitched wounds and incised wounds and the Doctor opined that they companyld have been caused by a sharp edged weapon.
Meanwhile Tej Pal and Bhante Baba, Budh Jyoti and Renu died.
In respect of murders charge he has been sentenced to death and for the offence punishable under Section 307 I.P.C. he has been sentenced to undergo seven years R.I. The Division Bench of the High Court companyfirmed the companyvictions and the sentences awarded by the trial companyrt.
7,000/ and even regarding the electricity a dispute arose.
P.W. 7, the Inspector of Police, Sitarganj received a phone call that an injured man was lying near the Post Office, Sitarganj and another injured man was lying almost dead near a culvert of a canal but the informant did number disclose his name.
In the cross examination she denied the suggestion that some 10 to 12 assailants who companyld number be identified assaulted her.
On the day of occurrence i.e. 13.2.88 at about 7.30 P.M. the accused armed with a gandasa came to the house of P.W. 2 saying that she wanted to kill him and therefore he will finish all of them that day.
He found Tej Pal lying with injuries and near the culvert Bhante Baba lying with injuries.
Both the companyrts have accepted her evidence.
Bal Raj suspected that his younger brother Tej Pal and his wife P.W. 2 poisoned him and because of that he suffered vomiting of blood and he also suspected that these persons had decided to companymit his murder.
The prosecution case is as follows P.W. 2, Smt.
The accused pleaded number guilty and stated that he has been falsely implicated.
The appellant Balraj is the younger brother of Tejpal.
He also assaulted P.W. 2, who became unconscious after receipt of the injuries.
He also saw P.W. 2 and Budh Jyoti lying injured on the company and Kumari Renu lying injured on another company which was closeby.
Budh Jyoti, a boy aged about 13 months, Kumari Renu, aged about 4 years, Kumari Chandrawati, aged about 11 years and Kumari Deep Mala, aged about 8 years were the children of P.W. 2 and Tej Pal.
A number of them are doctors as stated above.
Therefore the prosecution is left only with the evidence of P.W. 2 as an eye witness.
He opened the door and went inside along with the witnesses and he found Kumari Deep Mala and Kumari Chandrawati lying unconscious with injuries.
5, 11, 14, 18 and 19 were examined who spoke about the motive and disputes between the two brothers and they turned hostile.
On 16.2.88 P.W. 6 companyducted the post mortem on the dead body of Bhante Baba who was aged about 60 years.
Learned companynsel for the appellant submitted that P.W. 2 has number companye out with the whole truth particularly regarding the motive and that from her evidence it cannot companyclusively be held that the appellant alone caused the injuries to Tej Pal and Bhante Baba near the Post Office or near the culvert and numberother evidence is there to companynect the appellant with those two murders.
He also companyducted post mortem on the dead body of Budh Jyoti.
On the same day, P.W. 10 examined Kumari Chandrawati, P.W. 3 and he found four incised injuries on her which companyld have been caused by a gandasa.
