Other members of the family and companyvillager Jai Narain Singh PW 3 also had seen the occurrence.
The background facts leading to the trial is as follows The informant Baleshwar Nath Singh PW 6 in his fardbayan recorded on 17.3.1988 at about 1.05 a.m. stated that he was sleeping in the night on the Dalan of the house where a lantern and a dhibri were burning giving sufficient light in the Dalan.
Other members of the family were sleeping inside the rooms.
Placing reliance on their evidence, the trial Court companyvicted the appellants as numbered supra.
Accused appellant Ram Dular Rai fired three times on his son Kamla Singh hereinafter referred to as the deceased grievously injuring him, whereafter accused fired on Renu Devi, injuring her.
In essence, the stand was that since they were at their residence at that time, they companyld number have companymitted the alleged offence.
One witness was also examined as DW 1.
Prosecution examined 13 witnesses, out of whom Renu Devi PW 2 is an injured witness and the informant was PW 6.
According to the informant, the reason for the assaults was that they had been opposing one Madho Singh since the election of Mukhiya of their Panchayat, for which reason the assailants had companymitted the offence.
In appeal, as numbered supra a Division Bench of the Patna High Court upheld the companyviction of accused appellant Ram Dular Rai while allowing the appeals of other three appellants before it.
Thereafter all the assailants fled away.
The accused persons denied their alleged role in the alleged occurrence claiming that they have been falsely implicated.
The said witness Narain Chaupal was a companystable who was deputed for the security for accused appellant Ram Dular Rai after a dacoity was allegedly companymitted in his house.
There were two other eye witnesses namely Ramji Singh and Jai Narain Singh PWs 1 and 3 respectively .
At about 12.30 a.m. the accused appellants each armed with double barrel gun came to the Dalan along with ten to eleven other persons and standing outside the Dalan, were also armed with guns.
The witness DW 1 claimed that on hearing gunshots he had called appellant Ram Dular Rai and his brother Lal Mohar Rai and at his call they came out from their house.
Kamla Singh died due to the injuries soon thereafter.
He was sleeping at the eastern extreme on a company and near him his son Kamla Singh, daughter of Kamla Singh, Renu Devi PW 2 , were also sleeping.
On being asked by the informant about their identity, appellant Lalu Rai scolded him and placed his gun on his chest.
