- (1.) This appeal arises out of the following facts:
(2.) About a month before the incident Shivdhari, son of (Ram Awadh Yadav) PW.1, the first informant, had purchased some land from Rudra Narain Shukla. The execution of the sale annoyed the accused appellants as they too were interested in the land.
(3.) At about 7.00 p.m. on 7th November, 2003, Shivdhari had gone to the house of Shyam Kunwar of village Bhedi and on exhortation of the accused Harihar Shukla, & Panney @ Pratap Narain Shukla hurled a bomb on Shivdhari which fell on his abdomen and exploded, whereas Channey @ Prabhu Narain Shukla thereafter fired from a country made pistol of 12 bore on the abdomen of Shivdhari and Vishwajit, the absconding accused, cut his neck with a Gandasi. Shivdhari died immediately on the spot. On hearing the sound of the explosion Ram Awadh Yadav and his sons Ramdhari, Tilakdhari and Dalsingar rushed to the spot, flashed a torch and saw the accused running away. Ram Awadh Yadav thereafter rushed to the police station at a distance of one furlong and lodged the report. Pursuant to the report, the S.H.O. Chandra Bali Yadav (PW.5), reached the place of incident, made the necessary inquiries, picked up the spent cartridges and also recovered the splinters of the bomb which had been hurled at the deceased. He also recorded the statements of some of the witnesses under Section 161 of the CrPC but not of Tilakdhari whose statement was recorded after a gap of 8 days.;