The other version companyes from PW 7 being the son who was said to be in the same room with the father, stated that when all of them were sleeping, the accused persons entered and Ram Kanth Rama Kant had stated that since the deceased was one who has purchased nine bighas field so kill him.
Jaishree along with all others present pleaded with the accused persons number to kill Ram Bricha but without paying any heed to the same, Ram Kanth Rama Kant did hit the father with a lohabanda lathi and the other three accused did beat his brothers Marahu and Banwari with lathis.
Whereas the informant Jaishree records that when the father and brother raised an alarm, Jaishree and others sleeping in the adjacent room which stood about 25 paces away, also woke up on hearing the companymotion and came out of the house.
A lantern was burning in the Baithak and at that point of time Ram Kanth Rama Kant, Ram Badan, Ram Murat and Ramdhani arrived at the spot.
This discussion amongst the assailants did take place inside the Baithak and on hearing this PW 7 woke up and thereafter saw Ram Kanth Rama Kant beating his father and when his father was beaten the latter was in sitting posture.
Significantly, though PW 7 was injured at the same time and place but PW 7 got himself medically examined on the next day only about 5.30 p.m. a rather strange effort to have a medical treatment on being injured.
As regards the evidence of PW 7, the High Court went on to record that there has ,been an improvement of the case from time to time.
It is this evidence which the High Court thought it prudent number to put reliance since stage by stage the prosecution went to improve its case from one to the other.
Admittedly, the night on which the incident occurred was a dark night and all three of them were sleeping under their respective quilts or toshak whatever it might be called.
It is significant to numbere that Jaishree is the informant and the statement came out at the examination in chief.
Along with Jaishree, Ram Sakha, Lurkhur and many others reached there.
After the incident, however, they went away towards the east.
