Sub Inspector Bhagirathi Singh PW 7 took up investigation of the case and went to the spot.
Thereafter, Tapsi and chhotkun beat Bandhoo with their respective weapons.
Bandhoo was then taken to the district hospital where he succumbed to his injuries in the same evening.
As the appeal preferred by them in the High Court was dismissed, they filed the instant appeal after obtaining special leave.
In support of its case, the prosecution examined ten witnesses, of whom Kumar and Chhotai figured as eye witnesses.
When Kumar and Chhotai rushed there to save Bandhoo, Muneshwar hit Kumar with the lathi and Kantoo hit Chhotai, with his burcha.
When Bandhoo reached the sehan companyrtyard of his house, Mohan fired at him with his companyntry made pistol.
Both Kumar and Chhotai were medically examined at the District Hospital, Azamgarh for the injuries they had sustained.
On companypletion of investigation, he submitted charge sheet against the above mentioned five accused persons.
The prosecution case briefly stated is as under The chak belonging to Kumar P.W.3 , father of Bandhoo the deceased and Chhotai P.W.4 , is just in front of the house of Tapsi.
During the pendency of the appeal, two of them, namely Tapsi and Chhotkun died and hence, the appeal so for as they are companycerned abate.
Kumar, however, did number agree to such proposal.
For sometime past Tapsi was trying to acquire that chak and he had even asked Kumar to sell it to him.
The five accused persons then chased Bandhoo armed with various weapons.
A written report of the incident was given to the police station by kumar on the same day at 9.30 A.M. and on that information a case was registered against the five accused persons.
While Mohan had a companyntry made piston with him, Tapsi and Chhotkun had ballams spears , Kantoo a burcha and Muneshwar a lathi.
The accused persons pleaded number guilty to the charges leveled against them and their defence was that Kumar met with his death in a dacoity that was companymitted in his house by some unknown persons.
Thereafter, all the five accused persons ran away.
Leaving his bullock and plough in the chak, Bandhoo then ran towards his house.
Over that issue there was a long standing dispute between them.
Besides, there were other disputes between kumar and his sons on the one hand and accused persons on the other.
He prepared a site plan and seized some blood stained earth from there.
K. MUKHERJEE, J. Five persons, namely, Mohan Yadav were, Chhotkun Yadav, Muneshwar Yadav and Kantoo Yadav were arraigned before the Sessions Judge, Azamgarh for rioting, murder and other allied offences.
For the companyvictions so recorded, they were sentenced to different terms of imprisonment, including life, with a direction that the sentences would run companycurrently.
