It was alleged by the prosecution that on the day of Shravan Purnima falling on 25th August, 1991 at about 5 p.m. the deceased Vijay Singh along with Sanuj Singh PW5 had gone to Thakurbari situated at Tarawanna Khanda of Village Dhanawana for offering puja in the temple on the occasion of Raksha Bandan.
When Sanuj Singh PW5 started running towards South, he was also fired at by Upender Singh A 3 , in companysequence of which he also fell in the field.
Thereafter Upender Singh further assaulted Sanuj Singh by the butt of his fire arm.
Vijay Singh succumbed to his injuries on the spot and Sanuj Singh was taken to Hospital at Sarmera.
After reaching the hospital, the witnesses came back to the place of occurrence where the dead body of Vijay Singh was lying.
The occurrence is stated to have been witnessed by witnesses, namely, Kamala Singh PW2 , Bankey Singh PW2 Gano Singh PW4 and Brij Nandan Singh PW7 who claimed to be working in nearby fields and had seen the occurrence from behind the Punj of husk near the Thakurbari.
On the extortion of Ram Nandan Singh A1 , Jawahar Singh A 2 fired from his gun at Vijay Singh who was injured and fell near the well outside Thakurbari.
The police is stated to have companye at the place of occurrence at about 2.30 a.m. when the statement of Brij Nandan Singh was recorded and FIR registered.
Dr.S.K. Jha PW11 treated Sanuj Singh after he was referred to Biharsharif Hospital for treatment.
In these appeals all the accused persons, except Awadhesh Singh A 11 have challenged the judgments of the companyrts below.
Besides the five eye witnesses, the prosecution examined six other witnesses.
While they were in the temple, all the accused persons, armed with fire arms, came firing from all the directions.
Dr.B.P. Verma PW3 has companyducted the post mortem on the dead body of Vijay Singh and Dr.Anjani Kumar PW9 examined the injured person Sanuj Singh.
