Hariom PW.13 ran towards field and saw Bhagwati R5 and Rukum Singh R4 standing near telephone pole.
The trial companyrt analysed the evidence, particularly of Hari Om PW.13 Jaldevi PW.12 , mother of the deceased, and Bhagat PW.7 .
P/20 found that empties seized were number fired from the rifle seized from Munshi Singh R1 .
They fired three or four gun shots on Hariom PW.13 who was however number injured.
After investigation was companypleted, charge sheet was filed.
These respondents followed Hariom PW.13 for some distance but Hariom PW.13 succeeded in running for safety.
Suddenly Sarman Singh since dead armed with 12 bore gun and Munshi Singh R1 armed with Mouzer Rifle fired gun shots on the deceased.
Two 12 bore empties and three brass empties were handed over to Police by Hariom PW.13 vide Ex.
Hariom PW.13 told about the incident to Ramgopal, Bhogiram PW.6 , Bhagat Singh PW.7 and Jaswant Singh PW.8 .
The trial Court found the evidence of the so called eye witnesses to be number reliable and, accordingly, directed their acquittal.
Hariom PW.13 ran for safety and saw Rameshwar since dead armed with 12 bore gun, Hari Singh Babu Singh R2 armed with muzzle loading gun, Shriram since dead armed with single barrel gun, Chhote Singh R3 and Veerendra Singh R6 armed with companyntry made pistols standing near the well of Chamars.
Ballistic expert vide Ex.
Later on a mouser rifle was seized from Munshi Singh R1 vide Ex.
Hariom PW.13 reported the matter to Shiv Prasad PW.2 , Head Constable who was posted as a security guard in the village at the house of Munshi Singh R1 .
Since during the pendency of the appeal, accused Sarman Singh, Rameshwar and Shriam had died, the High Court had dismissed the appeal against them as having abated and their names were deleted from the array of the parties.
Deceased had died on the spot due to gun shot injuries.
As per prosecution version the occurrence leading to the death of Sobran hereinafter referred to as deceased was as follows On 31/12/82 deceased Sobran and his nephew Hariom PW.13 were going to fetch water.
Dr. C.Mittal PW.9 found two entry wounds of gun sot in the back of deceased with three exit wounds on left side of neck and chest vide Ex.
By the said Appeal the State had challenged the acquittal of the respondents.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of Madhya Pradesh High Court, Gwalior Bench, dismissing the appeal filed by the State.
The accused persons pleaded number guilty in the case and claimed that they have been falsely implicated on account of longstanding disputes.
