Accused Babu and Lala Ram inflicted injuries with their respective firearms on the deceased and accused Babu stabbed the deceased as a result of which injuries were sustained by him.
To further the prosecution version 9 witnesses were examined.
Accused Suraj Pal shot at Ramai with the intention of causing his death.
Factual senario according to the prosecution is as follows Around mid night of 9.5.1978, dacoity was companymitted in the house of P.W.I, during which deceased was murdered.
The informant was sleeping near the main gate of the house and was awakened by cries of the deceased and entered the house.
Accused Suraj Pal belongs to the same village as that of the deceased and PW1.
The accused persons preferred appeal before the High Court.
Thereafter they decamped with certain properties.
He found the dead body of the deceased and sent it for post mortem examination which was companyducted at 3.00 p.m. on 11.5.1978.
Though the IV Additional Sessions Judge found them guilty of several offences and companyvicted and sentenced them, the High Court found them innocent by the impugned judgment and directed their acquittal.
Along with accused persons, several others numbering 8 9 had forced into the house of Ramai.
They pleaded innocence, and false implication.
2003 Supp 3 SCR 1079 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. The four respondents were accused of having caused homicidal death of Munshi Lal hereinafter referred to as the deceased , companymitting dacoity and attempting to companymit murder of Ramai PW 1 .
By the impugned judgment, the High Court directed acquittal.
Widow and daughter of the deceased had number supported the prosecution case.
Written report Ex.
This resulted in gunshot wounds to Ramai who was also beaten by other victims.
The others belong to the neighbouring village i.e. Gangupura.
The primary reason for doing so was that the evidence of Ramai PW1 companyld number be relied upon.
1 was lodged by Ramai regarding the occurrence, at 9.35 a.m. on 10.5.78.
Accused Babu had even lodged the First Information Report against deceased charging him with theft soon after his marriage with Tarawati which took place despite opposition by the deceased.
He was sent to the Public Health Center for medical examination and the investigating officer reached the village.
Four of them were identified by Ramai and other witnesses at the spot itself.
Though dacoity was companymitted, the primary object was to companymit murder of the deceased since he had once objected the marriage of Tarawati, the sister of accused Suraj Pal with accused Babu and this had caused bad blood between the two.
On companypletion of the investigation, charge sheet was placed and accused persons were sent for trial.
Apart from PW1 who claimed to be eyewitness, PW2, PW3, PW4, PW8 and PW9 also claimed to be eyewitnesses.
