The trial companyrt believed the testimony of Maula P.W. 1 , Shyam Pyar P.W. 2 , Jamuna P.W. 6 and Smt.
Maula etc.
This litigation related to Tal.
The appellant was companyvicted under Section 304, I.P.C and sentenced to rigorous imprisonment for five years whereas Bashir was companyvicted under Sections 304/34, I.P.C. and sentenced to rigorous imprisonment for two years.
There was thus hostility between the two groups and companysequently between the accused and Mewa.
on the other.
According to the prosecution story, after the abolition of Zamindari in the State of U.P. some litigation started between the ex Zamindars in village Fatehpur Tal Narza of which group the two accused persons in the trial companyrt were Pairokars on the one side and the Mallah companymunity represented by Mewa deceased and P.Ws.
They were both companyvicted by the trial companyrt.
Ram Rajia P.W. 7 it also companysidered the first information report lodged by the deceased Mewa himself to amount to a dying declaration and, therefore, in the nature of substantive evidence.
He died at about 3.45 p.m. on September 20, 1964.
Mewa was taken to the police station, Ghosi where he lodged the F.I.R. at about 2.30 p.m. Thereafter, he was sent to the hospital.
D. Dua, J. This is an appeal by special leave.
The appellant and Bashir ex zamindars were tried in the companyrt of the Second Temporary Sessions Judge, Azamgarh on a charge under Sections 304/34, I.P.C. for the offence of culpable homicide number amounting to murder by causing the death of one Mewa a member of the Mallah companymunity on September 19, 1964 at about 11 p.m. in village Fatehpur Tal Narza, police station Ghosi.
The case against the two accused persons was originally registered under Section 323, I.P.C. which was later companyverted into one under Section 304, I.P.C. The trial companyrt, believing the prosecution story, companyvicted both the accused persons as already numbericed.
