Among the lacerated wounds one was ostensibly a gun shut wound on the left temporal region associated with a fracture.
When some local people rushed to the scene the assailants made their escape good.
The four accused were arrayed in this appeal as respondents, but first respondent Harban Sahai passed away during the pendency of this appeal.
One pellet was found embedded in the brain.
They filed an appeal before the Allahabad High Court.
Shyam Manohar was taken in a bullock cart to the hospital but on the way he breathed his last.
The Sessions Court had companyvicted four accused under Section 302 read with Section 34 of Indian penal Code and sentenced all of them to imprisonment for life and it was on their appeal that the companyviction was reversed.
The genesis of the events which led to the occurrence in this case was the murder of Virendras father Shyam Manohar in 1976.
The time was then around 4.30 p.m. They saw the fourth accused emerging from the numberth of the field.
So the case was companysidered only as against the remaining three respondents.
They filed an appeal before the Allahabad High Court.
During the pendency of that appeal their sentence was suspended and they were releases on bell just a companyple of days prior to the incident in this case.
The First Information Report was lodged by PW1 Shashi Bhushan at the local police station in which he mentioned all the details of the occurrence including the names of the accused as well as the names of those who reached the place on hearing the companymotion.
In that murder case PWI Shashi Bhushan and his uncle Jagdish Prasad the deceased in this case were challaned by the police as accused which ended in their companyviction by the trial companyrt.
He numbered ten anti mortem injuries on the body including five lacerated wounds and one incised would on the right chest which did number gape into the cavity.
Second accused Sarwan Sahai and third accused Virendra went near the fallen victim and lambasted him with sticks.
They are 2nd accused Sarwan Sahai, 3rd accused Virendra and 4th accused Vimlesh.
Sensing the on rushing danger PW1 and deceased scampered away, but they were chased by the assailants, A1 Harban Sahai and A4 Vimlesh fired their guns and shyam Manohar fell on the ground, while PW1 succeeded in escaping by running towards a different direction.
Thomas, J. This appeal by special leave is by the State of Uttar Pradesh Challenging the Acquittal order passed by a Division Bench of the Allahabad High Court in a murder case.
