I slapped him.
Both the accused denied the companymission of the crime.
Bhagwan Swaroop rushed to his house, brought a gun and fired a shot hitting Man Singh.
I asked him as to why he is doing so in the garden, he started abusing me.
Accused Ramswaroop stated in his examination as under I found Babusingh gambling in my garden.
Man Singh succumbed to the gun shot injury.
There was exchange of abuses between Shahjorsingh and Ramswaroop.
Bhagwan Swaroop fired the second shot which hit Shahid.
I told him that I will make the report of the incident to the police station.
Shahjor Singh brought an axe, when he was about to use his axe on me there was gun fire.
A numberice had been served upon Shahjor Singh by the accused, to vacate the said encroachment.
Shahjor Singh sent his son Babusingh to the police station to lodge a report.
Regarding the actual occurrence, it is number disputed that Ramswaroop was given four simple injuries by the companyplainant.
According to the prosecution on May 11, 1969 at about 2.45 p.m. accused Ramswaroop had an altercation with Babusingh, at a place called Gauri and thereafter he rushed the companyplainant party and started dismantling the tin shed in the disputed land.
His father came there both of them abused me and then left the place.
From the Judgment and Order dated 19.1.1980 of the Madhya Pradesh High Court in Crl.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.273 74 of 1980.
Man Singh fell down and thereafter companyplainant Shahjor Singh took out a lathi and gave breathing to Ramswaroop.
The part of the prosecution story, that the accused Ramswaroop rushed towards the house of Shahjor Singh and reached there before the arrival of Shahjor Singh, was also dis believed by the trial companyrt.
He got up immediately and shouted for his son Bhagwan Swaroop and asked him to bring the rifle and kill the companyplainant party.
L. Kohli and K.C. Kohli for the Appellants.
The prosecution case is that the injuries were given after the gun shot had been fired whereas the defence version is that the gun shot was fired while lathi injuries were being given to Ramswaroop.
Trial companyrt companysidered the statements of Banne Khan, P.W.6, Shahid P.W.8, Sarfuddin W.11, Safaat Ahmad D.W.1 and Hamid Ahmed D.W.3 and came to the following companyclusion Any way this one fact is clear from the evidence of these eye witnesses that Ramswaroop was put to beating, then there was gun fire and Bhagwanswaroop was seen on the spot The trial companyrt on appreciation of the evidence produced by the prosecution and the companyplainants came to the companyclusion that the following facts stood established from the evidence Ramswaroop, came near the house of Shahjorsingh.
Accused Bhagwan Swaroop took the plea of alibi which has been rejected by both the companyrts below.
There were two simple injuries caused by hard and blunt object and the other two companyld be caused by fall for which there is definite prosecution evidence that the respondent Ramswaroop was pushed and he fell down.
Meanwhile Man Singh deceased came at the spot and gave a push to Ramswaroop who as a result fell down.
When I reached near the house of Shahjor Singh on my way to the Police Station he along with his sons caught me and started beating me with lathies.
There was dispute between the parties regarding a piece of land which according to the accused, the companyplainant party was forcibly occupying.
107 of 1970 and 1 of 1971.
A. Nos.
Deceased Man Singh was the son of Shahjor Singh and brother of Babusingh.
Uma Nath Singh for the Respondent.
They were living in the house owned by Ramswaroop and his sons.
