It is to be further numbered that both PWs 3 and 4 stated that while the deceased was being restrained by one hand each by the two accused persons, they shot him from the other hand.
Vinod and Dinesh fired from the companyntry made pistols at his brother in law who got struck and fell down.
Thereafter Dinesh assaulted him with a knife.
When they reached near Habibs field from village Saherua, two persons named Dinesh, the respondent and Vinod, belonging to village Amkotwa, and armed with companyntry made pistol and knife came out of said field.
When the companyplainant raised an alarm, Ramadhar, Prakash and others from village Baheiya came and challenged the assailants, who ran away towards Pachkotwa.
He was accompanied by Ram Lakhan of Amkotwa and his nephew Rajesh.
The dead body was lying in the field.
The prosecution version in a nutshell is as follows Complainant Sita Saran PW 3 filed a written report Ex.
1 to 4 were stated to be eye witnesses to the occurrence.
Ka 2 at the site, photo of the dead body Ex.
After companypleting investigations, charge sheet Ex.
The trial Court found the evidence of Sita Saran and Rajesh Kumar PWs.
During trial Om Prakash PW 1 and Ram Dhan PW 2 resiled from their statements made during investigation and, therefore, prosecution with the permission of the companyrt, cross examined them.
The post mortem examination was, however, companyducted at about 3.00 p.m. on 25.5.1991.
3 and 4 to be companyent and directed companyviction as numbered above.
Ka 10 was taken, specimen of the seal Ex.
The respondent filed an appeal questioning the companyviction as recorded.
Sub Inspector Vishwa Nath Pandey prepared the inquest Ex.
Thereafter the companyplainant and others gave up the chase.
They caught the companyplainants brother in law, Amrit Lal with his bicycle, took him into Habibs field saying they would take revenge by murdering him.
On being pursued by the people, they threatened them.
Ka 11.
All the injuries numbericed were either incised injuries or on account of firearm.
Ka 6 was filed against accused Vinod and Dinesh.
Ka 13 for companylecting ordinary and blood stained soil from the site.
Ka 1 on 24.5.1991 at P.S. Kotwali, stating that he is a resident of Mohammadpur, S. Kotwali, and his sister is married to Amritlal, Amkotwa hereinafter referred to as the deceased resident of village Amkotwa.
These persons murdered his brother in law because his brother in laws brother Radhey shyam had brought a tractor which was needed by Vinod, but his brother in law would number allow Vinod to use it.
Eight persons were examined to further the prosecution version.
During the pendency of the trial, accused Vinod died on 7.2.1994.
The incident took place at 10.30 a.m. On the basis of the above written report, F.I.R. was written at P.S. Kotwali on 24.5.1991 at 11.20 a.m. Thereafter the investigations in the case began.
Since the accused persons pleaded innocence, trial was held.
3 and 4 and also there was numberinjury which companyld be companyrelated with dragging.
Memo for recovery of the bicycle at the site, Ex.
It is for this reason that the murder was companymitted.
Today on 24.5.1991 he was going with his brother in law sisters husband on a bicycle from village Saherua at Amkotwa after delivering milk to Amebarati Lal at village Saherua.
Ka 12, Memo Ex.
