The aforesaid witness was examined by the defense with a plea that the FIR was ante timed and for that reason the special report was sent late to the District Magistrate, Bulandshahr.
The time 6.15 p.m., being broad day light, the presence of the eyewitnesses at the place of occurrence is quite natural.
The said witnesses were also cross examined at length by the defence.
The other witnesses examined are of formal nature.
During the trial eight witnesses were examined including PW 1 Giriraj Singh , PW 2 Rajpal , PW 3 Nek Ram and PW 4 Deopal Singh , who are stated to be the eye witnesses of the occurrence.
The deceased Yashpal took active part in the election and during the campaign an altercation had taken place between the deceased Yashpal and the appellant No.
The deceased cried out upon which the companyplainant and the witnesses reached the place of occurrence.
The First Information Report in short the FIR reveals that on 17.04.1978 at about 6.15 p.m. when the deceased Yashpal while going to his Gher was surrounded by the appellants namely Ramvir, Ranpal Singh and Chatar Singh near the field of Nek Ram.
The prosecution proved the motive of the accused appellant against the deceased Yashpal stating it to be a case of election rivalry inasmuch as election of the Society had taken place in the village in which three candidates companytested the election against the companyplainant.
The aforesaid FIR was lodged immediately at the Police Station after the occurrence.
All four of them in their examination in chief have supported the prosecution version of the case.
PW 6 S.I. Mahendra Singh and PW 7 S.I. Ranvir Singh are the investigating officers whereas PW 8 Jag Mohan is the companystable who had taken the dead body for post mortem examination.
As already numbered the incident took place at about 6.15 p.m. whereas the FIR was lodged at 7.35 p.m. On receipt of the aforesaid FIR the Police started the investigation during the companyrse of which the statement of the witnesses were recorded and on companypletion of the investigation a charge sheet was submitted against all the accused appellants.
1 Ramvir upon which Ramvir threatened to kill the deceased and since then the appellants were having enmity with the deceased Yashpal.
The Trial Court found the appellant No.
After surrounding the deceased, Chatar Singh and Ranpal Singh embraced the deceased while Ramvir gave a knife blow on the chest of the deceased.
PW 5 Dr. Aqil Ahmed who companyducted the post mortem examination of the deceased Yashpal found the following antemortem injuries Star wound 1 X 1 chest cavity on right side chest 2 above right nipple at 12 O clock position.
The accused was examined under Section 313 of the Code fo Criminal Procedure, 1973.
The Sessions Judge framed the charge against appellant Ramvir under Section 302 IPC while the other two accused, namely, Ranpal Singh and Chatar Singh were charged under Section 302 read with Section 34 IPC.
At the time of framing of the charge, the accused pleaded number guilty and claimed to be tried.
On seeing the companyplainant and the winesses, the appellants fled away from the place of occurrence.
Deceased Yashpal instantaneously died on account of the injury received.
The eye witnesses examined in the trial cannot be said to be the chance witnesses as they were the residents of the same village and at about 6.15 p.m. these eye witnesses were moving around, some were going to their agricultural field while some were companying from their respective agricultural fields.
The defense also examined one witness on his behalf namely Sri Krishna Kumar Bhardwaj as DW 1.
The incident had happened near a sugarcane crop which is near to the agricultural field.
