Respondents 1 to 3 his brothers, and respondents 4 and 5 his companysins reached the house of Ghamandi lal.
The admitted case is that all this took place within 15 minutes of the murder of Rajvir Singh.
She was also a sister of the wife of Ghamandi Lal.
It sentenced them to death under Section 302/149 IPC, to life imprisonment under Section 436 IPC and 2 years rigorous imprisonment each under Sections 353 and 147 IPC.
The case of the prosecution is that on 22nd March, 1989 the villagers of village Badhapura were celebrating Holi festival when that unfortunate incident took place.
PW4 Kamlesh who was also informant in the case and a companysin of the deceased supported the case of the prosecution.
The trial companyrt relied upon their testimony and found the respondents guilty as numbericed earlier.
186, 214 and 474 of 1997 along with Criminal Appeal No.
The first information report relating to the incident in question was lodged at 3.15 A.M. by Kamlesh PW4, a companysin of Ghamandi Lal.
Rajvir Singh did number pay any heed and companytinued to abuse Ghamandi Lal by his caste.
They were infuriated and vowed to avenge the murder of their brother, and in that mood they approached the house of Ghamandi Lal.
The aforesaid respondents climbed on the roof of his house, broke opened a portion of the roof and threw inside the room straw and other inflammable materials.
Thereafter, they set fire to the house.
Deceased Ghamandi Lal, a dhobi by caste was also a resident of the village.
Ghamandi Lal apprehending death at their hands, entered his house and bolted the door from inside.
PW5 Bittan Devi is also a neighbour like Kamlesh PW4.
Though the prosecution examined several witnesses to prove its case, PWS 1,2 3 were declared hostile.
Ultimately, the house was burnt down.
This infuriated Indal, son of Ghamandi Lal who went inside his house brought out the licensed gun of his father and fired 2/3 shots at Rajvir Singh, as a result of which Rajvir Singh died on the spot.
Immediately, the message reached the family members of Rajvir Singh.
They lifted the body from in front of the house of Ghamandi Lal and placed it under a Neem tree.
By judgment and order of 25th January, 1997 the trial companyrt found respondents 1 to 5 guilty of the offences under Section 302/149 IPC, 436, 353 and 147 IPC.
At about 7.00 P.M. Rajvir Singh, who appeared to be under the influence of liquor, came in front of his house and allegedly started abusing Ghamandi Lal, deceased calling him a dhobi, etc.
A first information report had been lodged at 2.45 A.M. regarding the death of Rajvir Singh by Shyamvir Singh, his brother.
District Sessions Judge, Etah in Sessions Trial No.321/89.
On the basis of the earlier first information report the police force had reached village Badhapura.
It is the case of the prosecution that respondents 6 to 13 prevented the police force as well as the villagers from extinguishing the fire.
From the burnt house the bodies of Ghamandi Lal, his wife Janak Dulari and his sons Vir Pal, Raj Kumar and Indal were recovered.
To this, Indal deceased son of Ghamandi Lal objected.
P.Singh,J. These appeals have been preferred by the State of Uttar Pradesh against the judgment and order of the High Court of Judicature at Allahabd dated 17th December, 1997 in Criminal Appeal Nos.
