Sheonath, my companysin, was also sitting near Kankar and Chhannu.
On hearing their instigation, Mohan, Phool Chand, Budhi and others came over there and began to forbid them.
on March 18, 1969, certain quarrel ensued between Bhagwantia and Kankars wife Patia.
Appeal by Special leave from the Judgment and order dated 11.2.1971 of the Allahabad High Court in Criminal Appeal No.
What has been stated above by Vishwanath has been repeated by Shiv Nath PW 2 , Hansla Prasad PW 9 .
Chhannu, my younger brother, came to save me, whereupon Shyam Lal and Moti caught hold of him and Sheo Murat started giving knife blows to him.
Thus all of them have branched off from Ram Charan and all the members have got share in their ancestral house at village Bhiwanipur.
The story given by these witnesses remains absolutely unshaken in the scanty cross examination by the defence.
Since Bhagwantia did number heed to Vishwanaths words, the latter gave her one or two slaps.
Both the matters were heard together by the High 1 Court and a companymon judgment was delivered on February 11, 1971.
Balram, Ram Khelawan and Rhuddi are three sons of one Ram Charan.
In this ancestral house Vishwanath, Kankar, Chhannu, Jagan Nath and accused Ram Kishan along with his mother and married younger sister Bhagwantia resided.
The accused appealed to the High Court.
Accused Shyam Lal is the son of accused Ram Kishan.
Shiv Nath PW 2 e and Jagan Nath are sons of Bhuddi.
Then all the five accused persons ran away with the knife.
I stood up and said, Brother, what will you settle up.
The States special leave application with regard to the respondents acquittal was, however, admitted on October 13, 1971 and number bailable warrants were issued against them.
There was also a reference under section 374, Criminal Procedure Code, to the High Court for companyfirmation of the death sentence on Sheo Murat.
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.
The injured Vishwanath PWI , Shankar, Kankar and deceased Chhannu are sons of Balram.
Accused Sheo Murat, Ram Kishan, Shobha and Moti Lal are sons of Ram Khelawan.
The sentences of all the accused were to run companycurrently.
Vishwanath tried to pacify both the quarrelling women.
My younger brothers, Kankar and Chhannu, were sitting at a short distance from me at the well.
Phool Chand PW 10 and Sohan PW 13 .
All others along with the rest of the four accused lived in a nearby separate house.
Chhannu and I fell down on sustaining injuries.
A burning lantern was hanging from a bamboo pole outside the osara and there was sufficient light from it.
1285/70.
At this Ram Kishan instigated his companypanions saying, Beat the salas.
253 of 1971.
Ram Kishan and his brothers were number in the village on that day but learning about this incident on the following day accused Sheo Murat, Ram Kishan, Shobha, Moti Lal and Shyam Lal went to Vishwanaths place at about 7.00 or 8.00 P.M. What followed may be described in the words of the in jured Vishwanath On the next day at 7 or 8 P.M. I was sitting at the door of my osara.
P. Rana, For the appellant Shiv Pujan Singh, for the respondent The Judgment of the Court was delivered by GOSWAMI, J. This appeal by special leave at the instance of the State of Uttar Pradesh is against the judgment of acquittal of the High Court of Allahabad.
Ram Kishan, Shobha, Sheo Murat, Shyam Lal and Moti, accused present in the companyrt, came there, Ram Kishan asked from me as to why I had slapped Bhagwantia and that I should companye out and settle up.
