To bring home the charges levelling against the accused the prosecution examined Kamla Shankar Dubey PW 1 and injured Ram Surat PW 2 as the two eye witnesses.
The most qlaring discrepancy which goes to the root of the matter and shatters the cases version of PW2 is as reparce the site where the murderous attack on Lognar took place.
Briefly stated.
While PW 1 succeeded in his attempt other two companyld number as PW 2 fell down nit by Ranvir the other appellant with a candasa and loonar.
met with his death at the hands of the other miscreants.
After examining the witnesses and companypleting other formalities of investigation he submitted charge sheet and in due companyrse the case was companymitted to the Court of Session.
The trial Court found that numberwithstanding the fact that they were closely related to the deceased their evidence companyld be safely relied upon as it stood companyroborated by other evidence on record.
on the exportation of Jadunath since acouitted .
According to his sworn testimony the entire assault on the deceased took place in the shop of Lalta which as the evidence on record shows.
PW 5 went to the scene of occurrence and after companypleting the inquest proceeding forwarded the dead body of Lagnar to the Government Hospital.
Gyanour for post mortem examination.
As PW 2s companydition was grave he was referred to the District Hospital Varanasi and there a Magistrate recorded his dying declaration.
was at a distance of about 40/50 feet to the east of Varanasi Bhaoohi Road.
In his earlier statement he however stated that his uncle was shot at and died on the road.
Aggrieved thereby they preferred an appeal in the High Court which, as regards the appellants was allowed only in part in that their companyviction under Section 148 IPC was set aside but the other companyvictions were only altered to section 302/34 and 307/34 IPC.
302/149 and 307/149 of the Indian Penal Code IPCD for short .
Thereafter PW 1 went to the police station and looced an information about the incident.
When they reached the Mirzapur Bhadhi Road near the local market all the six accused persons.who were armed with various weapons including pistols accosted them and.
The accused persons pleaded number puilty to the charges levelled against them and companytended that they had been falsely implicated due to enmity.
The prosecution case as narrated in the trial was that on September 8.1977, at or about 8.00 A.M. Kamla Shankar Dubey PW 1 accompanied by his brother Ram Surat Dubey PW 2 and uncle Loghar Dubey the decoased left their house for going to Bhadoni.
The trial ended with an order of companyviction and sentence recorded against all of them.
SHO Surender Bahadur Singh PW 5 took up investigator of the case and first went to the Government Hospital Bhadohi where he recorded the statement of PW 2.
Gyanpur for offences punishable under Sections 148.
K.MUKHERJEE.J. The four appellants herein and two others were tried by the Additional Session Judge.
Who had taken refuge in the shop of one lalta.
