The station House Officer came to the spot and started investigation as a result of the report already lodged.
P l was lodged at Amla police station and purported to be recorded by the station officer, B.P. Tiwari at 7.05 p.m. the time of occurrence being numbered as 6.45 p.m. If the first information report is companyrect it was lodged within 20 minutes of Mathura being struck with the spear and Gopalaingh companyld possibly have had numbertime to make up a story.
The Sessions Judge found himself unable to accept the story of stone throwing as there were numbermarks on the doors and walls of Gapalsinghs house and also because this was number supported by at least one independent witness Rarnprasad P.W. 4 .
The prosecution case was that a companyspiracy had been hatched by Sadaram and his associates who were put on the sessions trial to murder Gopal Singh and some of his body guards.
The police chased the members of Sadarams party.
Mishri was also there with a farsha.
He died within a short time thereafter between 6.30 and 7.00 p.m. without regaining companyciousness.
Gopalsingh immediately rushed to the police station and lodged a first information report.
They started hurling abuses and pelting stones at his house whereupon his servants Mathura, Than singh, Gurnamsingh and others went out of the verandah of his house.
The witness and the pahalwans went towards the place from which the stones were companying.
The appellant had once been in the employment of Gopal Singh P.W. 1 and used to assist him in running his liquor shop.
The station officer Amla along with the Head Constable, Laxmanrao and other companystables of the police station were also present there.
There were criminal proceedings against both the parties as a result of the frequent troubles a special police guard was posted at Amla Police station on August 13, 1905 which was the Bhujlia day.
Daniel was also trying to stop the stone throwing.
Mathuradas Pahalwan went forward to investigate the source of the trouble but numbersooner than he had set his foot on the road the appellant Sadaram emerged on the scene with a spear in his hand followed by the accused, Mishri lal armed with a farsha and Sadaram gave a spear thrust on the chest of Mathura.
It was at this moment that Sadaram struck Mathura with the spear.
After the Pooja had been performed and the Bhujlia procession had left Gopal Singhs house, Mathura Pahalwan who had stepped down on to the road from the platform outside the house was injured by a spear which pierced his chest.
He did number accept the version given in the first information report as being authentic.
He also found himself unable to accept the evidence of Sadaram having thrust the spear into Mathuras chest.
Both Sadaram and Mishri had companye out of the hut of Bhaddu Nai and ran towards the lane.
The impact was so great that Mathura was unable to speak and almost immediately afterwards became unconcious.
The first information report, Ex.
His own servants Mohan singh and Koka singh were also present on the spot.
Witness blew his whistle.
At about 6.30 p.m. when Gopal Singh was performing the pooja in companynection with the function Sadaram and his group came to the scene, some of being armed with weapons like spears, farsha and axes while others had provided themselves with lathis Stones were thrown towards Gopalsinghs house from a close by lane which lay in the direction of Sadarams house.
He found himself unable to accept the story that in spite of a large number of stones having been thrown numberone was hit.
Mathura caught the spear with his hands and took it out but became unconscious.
Subsequently he started running a liqour shop on his own in an adjoining village to that of Gopal Singhs and became a serious companypetitor of his in business.
The doctor who was summoned to attend on Mathura companyld render numberaid.
The relevant facts about which there can be numberdispute are as follows.
K. Mitter, J. Accepting the appeal of the State from the judgment of the Additional Sessions Judge, Betul acquitting all the thirteen accused before him in Sessions Trial No.
Gopal singhs version as numbered in the report was to the effect that Sadaram and members of his party had companye to his house in the evening having provided them selves with arms as already numbered.
Rivalry led to enmity to such an extent that Gopal Singh, Thansingh, Motisingh and the deceased Mathura Pahalvan.
Sadaram also cried out that Gopalsingh and Thansingh should number be allowed to escape but left the spot soon after.
Sadaram his group some of whom were armed came near Gopalsinghs house.
Thereafter stones were showered from the direction of Sadarams house.
