- (1.) - Two brothers Govind Narain and Ganesh Narain, (appellants in Criminal Appeal No. 852/ 85, filed under S. 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970) along with their third brother Ram Narain (respondent in Criminal Appeal Nos. 197/ 87 and 279/88) and father Kalu Ram, who died during the trial were tried for an offence under S. 302, I.P.C. in connection with an occurrence which is alleged to have taken place on the night intervening 23rd and 24th June, 1974 at about 1.00 a.m. According to the prosecution case, the deceased Gopi Chand was sleeping in his house when on hearing the barking of dogs, he got up and went out. While he was trying to look for the miscreants on account of whom the dogs might have barked, he was assaulted by all the four accused and pushed into a dry well. He cried for help and the villagers gathered there. Nanda PW 2 was sent into the well to bring out the deceased and after the deceased was so brought out, his brother Mohan Lal PW 17 and others made arrangement for the deceased to be removed to the hospital. PW 17 Mohan Lal claiming to be an eye-witness of the assault on the deceased by all the four accused persons and having witnessed the deceased being pushed into the well went to the Police Station and lodged F. I. R. at about 2.30 a.m. After registration of the case, the deceased was sent to Sanganer Medical Dispensary and after being provided with medical aid was rushed to hospital at Jaipur where he is alleged to have died at about 7. 10 a.m. on 24-6-74.
(2.) The prosecution with a view to connect the accused with the crime relied upon the following pieces of evidence: (1) Statement of. eye-witness Mohan Lal, P. W. 17; (2) three oral dying declarations; (3) one dying declaration reduced into writing, exhibit P-3; (4) medical evidence.
(3.) According to the prosecution case the motive for the assault was the existence of hostility between the deceased and the accused persons and litigation was pending between the parties. This enmity was sought to be proved from exhibit P-21 and exhibit P-22.;