The scene of occurrence thus has changed from lane to the house of Chunni Lal.
The First Information Report was recorded on 6.7.1985 at about 11 a.m. Indisputably the eye witness on whose testimony the judgments of companyviction and sentence were passed both by learned trial judge as also the High Court are Ganeshi Bai P.W.1 and Kallu P.W.3.
Accused Nos.
Than Singh P.W.2 who was named as an eye witness in the FIR was declared hostile.
5 and 6 were acquitted by the learned trial Judge.
The Police Station was at a distance of 5 k.m.
The first informant Ganeshi Bai is the wife of the deceased Gopal Singh.
In her First Information Report, as numbericed hereinbefore, she came out of the lane and found the accused persons assaulting the deceased.
At about 11 a.m. her husband left for Barelly and in the lane Gali Ram Charan, Prem Narain, Jagdish and Parmeshwar intercepted him and then started assaulting her husband.
Whereas according to the First Information Report, the deceased started for going to Barelly after taking his breakfast, he was accosted in the lane by the persons named as accused in the First Information Report in her statement before the Court she stated Peeta Ram asked her husband to companye immediately whereupon Chunni Lal caught hold hand of her husband and dragged him to his house and bolted the outer door.
Bhagwati Singh P.W.4 another so called eye witness also was declared hostile.
In her statement before the Court she stated that she had tried to open the door and having number been able to do so, she purported to see the incident from Bada.
According to the deceased he was in Barelly.
As per the First Information Report, the incident occurred at about 11 a.m. on 6.7.1985.
It was disclosed in the First Information Report that Prem Narain and Ram Charan assaulted him with Ballam spear and Jagdish and Parmeshwar assaulted him with lathis.
From a perusal of the First Information Report, it appears that allegations were made that at 9 a.m. Prem Narain and Parmeshwar came to her house and asked her husband as to where he had been in the previous night.
from the place of occurrence.
number Prem Narain and Parmeshwar came to her house and called her husband saying that they want to go to Brailey.
He raised alarm and upon hearing the same the first informant came running there and saw the deceased lying in the lane and all the four accused persons assaulting him.
In her statement before the Court she disclosed that the incident took place inside the house of Chunni Lal where all the six accused persons were present and they had been assaulting her husband but it was for the first time in her evidence she stated that her son was on her lap and despite the same she was assaulted on her stomach but numberinjury was found.
Accused No.1, the appellant herein together with accused No.2 Ramcharan, accused No.4 Parmeshwar and Accused No.6 Chunnilal was prosecuted for companymitting the murder of Gopal Singh.
Accused No.2 and accused No.4 have been acquitted by the High Court.
The dead body was found in the field of Shankar.
Ganeshi Bai allegedly informed Chunni Lal immediately thereafter, who came to the place of occurrence and having found the deceased to have breathed his last, accompanied her to the Police Station.
Conversations which purported to have taken place with regard to whereabouts of the deceased in the previous night had number been disclosed.
B. SINHA, J. Accused No.1 Premnarain and accused No.
3 Jagdish before the trial Court are before us against the judgment of companyviction and sentence passed under Section 304 II of the I.P.C whereby they were sentenced to undergo five years rigorous imprisonment.
Parmeshwar asked her husband to companye to Bareli to which he replied that he companyld companye a little later.
