N.N.Sharma, J. - (1.) THERE are there appellants in this appeal; Radhey Kishan and Tika Ram, appellants are own brothers. Jhallu, 'appellant is their next door-neighbour.
(2.) VICTIM Suraj, aged about 45 years was eldest brother of Shyam, informant, P. W. 1 ; Ajodhya, P. W. 2, is younger brother of deceased Suraj but elder to Shyam, informant. Parties are Lodhies. Enclosure of appellants lay infront of their house towards north as shown in siteplan Ext. Ka-4. It appears that village pathway ran eastwest delimiting this enclosure; some waste land was lying across this pathway towards north which had been enclosed by appellants after blocking the passage as shown by letter A in said siteplan. The enclosure of victims adjoined this enclosure of appellants towards west and was accessible through the aforesaid pathway only which had been blocked on 22-11-1980 at about sun set. Village Abadi lies towards east of the said enclosure of appellants. There is public way running north-south bifurcating at letter B for the enclosures aforesaid. This way meets the thoroughfare running east-west towards south of village Abadi at trivium D. Residential houses of victims lie towards east-north of letter D as shown in the said site plan.
(3.) AJODHYA was driving his bullock-cart laden with sorghum ear for storing it in his enclosure on that evening.He protested about the obstruction in his way and requested the appellants to remove it; appellants were adamant and vituperative ; an altercation took place amongst parties ; appellants were infuriated and pursued the bullock-cart of AJODHYA who diverted the same towards south homewards ; Jhallu was armed with Pharsa ; Radhey Kishan with axe and Tika Ram with Lathi ; they over took AJODHYA on the trivium and dealt blows on him near the drain ; his: out cry attracted to the scene of occurrence deceased Suraj, wife of Suraj Smt. Ramkali, P. W. 3, and Shyam informant, P. W. 1, who ran to his rescue. The brunt of attack was sustained by Suraj who received heavy Pharsa and axe blows also and met an instantaneous death ; Shyam also did not go unscathed. Dead body of Suraj was removed to his house ; informant made way for police station Ata which was at a distance of 20 K. M. from the scene of occurrence. First Information Report Ext. Ka 2 was drawn in the next morning at 4.30 A. M. by head-constable Balbir Yadav in presence of Investigator Param Lal Verma, P. W. 4, who happened to be present when FIR was drawn and signed the same. He took up investigation forthwith ; informant and head-constable were interrogated at police station. He reached the scene of occurrence at about 6 A. M. and held an inquest on the dead body vide inquest memo Ext. Ka 3 ; dead- body in sealed up condition was sent to mortuary, Jalaun through constables Ram Gopal and Jageshwar Prasad.;