The dragging of Rameshwer Yadav by the appellants into their house was witnessed by others but they were also abused and chased.
PW7, the investigating officer has, inter alia, deposed about the house of the accused having found locked on his visit, breaking opening of the door and on entry having found the body of the deceased lying in the companyrtyard in a mutilated companydition and the companyduct of the investigation.
On protest, the informant was threatened and abused.
The police party came and after breaking open the door of the house, the police entered into the companyrtyard and found the mutilated dead body of Rameshwar Yadav.
The High Court by the impugned judgment, setting aside the judgment and order of acquittal in favour of the appellants, has remitted the case for its retrial by companyrt of sessions in accordance with law directing the companyrt to decide the matter on the basis of evidence and material already on record and number allow parties to adduce further evidence.
Reverting to the facts of the case in hand, the prosecution case in nutshell is that while the informant Ambika Yadav, PW6 along with his uncle Rameshwar Yadav deceased was going in search of some labourers and numbersooner they reached near a well situated in front of the house of accused Rambriksh Singh, the accused started uttering abuses, caught hold of Rameshwer Yadav and forcibly took him into their house.
The statement of the informant was recorded by the police officer, formal FIR registered, investigation companyducted whereafter the police submitted charge sheet against the accused who were put on trial for the offence earlier numbericed.
The informant went to police station to inform the police.
While dragging the deceased, the accused were uttering that he should be taken inside the house and cut into pieces.
The judgment and order of acquittal was challenged by the informant in a revision petition.
K. Sabharwal, J. The appellants were tried for an offence under Section 302/34 of Indian Penal Code for companymission of murder of one Rameshwar Yadav.
The companyrt of sessions held that the prosecution has failed to prove charge levelled against them beyond reasonable doubt and thus acquitted all of them.
