From the evidence of Dr. Sudhir Singh PW 2 who companyducted autopsy on the body of Raja Ram on 7.7.77 at about 11 a.m. we find that there were gun shots injuries on the body of deceased in addition to abrasions and lacerated wounds.
By examining Dr. V.K. Agrawal PW 4 prosecution proved that Jagannath and Rameshwar had injuries on their bodies.
It has been alleged by the prosecution that accused had earlier enimity.
Similarly PW4 who examined injured PW 1 and PW 7 deposed in examination chief that the injuries on the above two persons companyld be caused on 6.9.77 between 6 7 a.m. but in cross examination he deposed that injuries on the persons of both injured companyld be caused at any time after 1.00 a.m. By numberstress of imagination from the above statements of two doctors it can be held that occurrence did number take place between 6 7 a.m. on 6.7.77.
PW1 and PW7 were also injured.
In examination chief he has deposed in clear terms death of Raja Ram was possible on 6.9.77 at 7 7 1/2 a.m But in cross examination he deposed that it may be possible that Rajaram died in the mid night of 5/6.7.77.
PW 1 in his evidence has clearly stated that in the morning around 06.00 a.m. when he went to his garden which is about 100/125 paces east of his house and he was surrounded by accused persons armed with deadly weapons including gun for assaulting him, therefore, he ran away towards the house shouting for help.
Thereafter accused fled away but accused Satya Dev was apprehended at the spot.
Rameshwar PW 1 is the son of Jagannath PW7 and deceased Raja Ram was also the son of Jagannath PW7 .
So this submission of learned Counsel has numberforce.
This version of prosecution story is supported by injured PW 7 and other eye witness PW8.
Two other brothers of Rameshwar and other villagers came to the spot.
When he reached near his house his father Jagannath and brother Raja Ram came out from the house raising alarm.
The above statement of PW 7 was made while he was explaining PW 1 was near to the accused and this witness was next to Rameshwar and Raja Ram was behind PW 1.
Accused Ram Swarup, Parmeshwar Din, Satya Dev and Anant Ram are brothers and accused Radhey Shyam is son of accused Anant Ram.
We have heard Shri N.P. Midha, learned Counsel for the appellants and Shri Pramod Swarup, learned Counsel for the respondents.
It may be stated that in the trial companyrt accused did number challenge the factum of murder but the place and time of the incident, as according to accused some unknown persons companymitted murder of deceased Raja Ram during night and also caused injuries to Jagannath and Rameshwar but as the assailants companyld number be recognised accused were falsely implicated due to previous enmity.
Rameshwar ran towards the house raising alarm and he was chased by accused.
Learned companynsel for the appellants has urged that occurrence took place on the night as alleged by defence and number in the morning between 6 7 a.m. PW2 companyducted the autopsy on a dead body of Raja Ram.
Both the companyrts below held that prosecution was able to prove that deceased met with homicidal death and also accepted the prosecution version of the story that there was enmity between the parties regarding lodging of buffalo belonging to accused Anant Ram in the cattle pound by Jagannath and filing of FIR by accused Satya Dev against Raksh Pal son of Jagannath alleging theft.
Briefly stated the prosecution case is that on 06.09.77 at about 06.30 a.m. Rameshwar had gone to his grove where he was companyfronted by the accused who were armed with deadly weapons, accused Ram Swarup had a gun, Parmeshwar had Kanta, both Anant Ram and Satya Dev had Sooja and Radhey Shyam had Kanta.
Drawing our attention to the evidence of two Doctors namely Dr. Sudhir Singh PW2 and Dr. V.K. Agarwal PW4.
On raising alarm his brother deceased Raja Ram and his father PW 7 came out from the house and accused Ram Swarup fired at deceased Raja Ram with his gun who fell down, other accused surrounded him and his father PW7 and assaulted them with Sooja and C causing injuries.
Ram Swarup fired from his gun at Raja Ram and other accused started assaulting Rameshwar and Jagannath with their respective weapons.
When other persons arrived accused fled away but accused Satya Dev was apprehended.
To prove the case, the prosecution has examined three eye witnesses namely Rameshwar PW1, Jagannath PW7 and Roop Ram PW8.
