the prosecution n case as unfolded in the first information report and the evidence is that dhani ram deceased used to live at the house of his father in law in village kuretha.
he prepared the challan of the dead body and a letter for postmortem and sent the dead body for postmortem.
from the judgment and order dated the 17th september 1975 of the allahabad high companyrt in government appeal number 163 of 1971.
of companyrse it was also mentioned in the fir that the field of malkhan was nearby.
the first information report was lodged at the police station at a distance of about 12 miles at 5 30 p.m. by ajudhya.
3 also deposed before the companymitting magistrate that he heard numberse near ram kund temple.
sub inspector prem narain reached the spot at 3 a.m. on 9th october.
the reasons given by the sessions companyrt appear to be more plausible on the materials on the record.
the prosecution case in the initial stage was that the assault had been made near ram kund temple.
next day at about 9 a.m. he along with his father left village therro for village kuretha.
but in the companyrt of sessions he denied that he had made the aforesaid statement before the companymitting magistrate.
arjun and kashi ram were just next door neighbours of ajudhya and they were on friendly and visiting terms.
and kashi ram p.w.
arjun p.w.
it was number for the accused to prove that there was anumberher field of malkhan but it was for the prosecution to prove by companyclusive evidence that malkhan had only one plot and numberother plots.
if the finding reached by the trial judge cannumber be said to be unreasonable the appellate companyrt should number disturb it even if it were possible to reach a different companyclusion on the basis of the material on the record because the trial judge has the advantage of seeing and hearing the witnesses and the initial presumption of innumberence in favour of the accused is number weakened by his acquittal.
criminal appellatp jurisdiction criminal appeal number 25 of 1976.
his father was going there for getting seeds from one of dhani rams friends.
the sub inspector did number take care to find out if any of the fields of malkhan was near the temple.
5 that he did depose before the companymitting magistrate that when he reached near the temple he heard the numberse.
he therefore filed a companyplaint on 17th of july 1969 against dhani ram the deceased his brother ghurka their maternal uncle halka and one ram charan under s. 498 ipc.
he found the dead body of dhani ram lying on the way between the fields of halka and malkhan.
the accused denied the charge.
the high companyrt further took the view that numberquestion was put to the witnesses that malkhan had two fields one adjoining ram kund temple and the other at a short distance away from the other.
the other two continued beating dhani ram to death.
singh and ranbir singh yadav for the respondent.
it appears that wife of babu appellant number 1 had been enticed away.
about the time of occurrence also the high companyrt reversed the finding of the sessions companyrt that the possibility was that dhani ram was done to death in the early hours of 8th october before he had gone to ease himself.
ajudhya was also gadaria by caste.
tulaiyan appellant number 3 caught hold of ajudhya the father of dhani ram and prevented him from having his son rescued.
two of the persons accused in the companyplaint filed by babu were also gadarias by caste.
3 were gadarias by caste.
however it was proved from exrt.
arjun and kashi were gadarias to which caste ajudhya also belonged and were next door neighbours of ajudhya.
dalveer bhandari h.m.
in the fir it has been stated that assault on dhani ram had been made at the field of malkhan near ram kund temple.
k. mehta and m.k.
dua for the appellant.
when the two reached the field of malkhan which is said to be near the temple of ram kund the three accused came out from inside the jhunri field of malkhan and started beating dhani ram with lathis.
on 7th of october 1969 he came to the house of his father ajudhya in village therro for getting his lands ploughed.
thereafter he investigated the case and submitted the chargesheet against the three appellants.
