G.S.N. Tripathi, J. - (1.) Accused Lala alias Ashvasthama has been convicted on charge under Accused Sukhir and Shetal have been convicted on a charge under Section. 307/34 Indian Penal Code. The accused had been sentenced to undergo R.I. for four years on respective charges.
(2.) The prosecution case started on the basis of FIR lodged by Dhoom Singh, P.W. 4 at the police station on 12.7.77 at. 10. P.M. after covering a distance of 4 miles. The incident is said to have taken place in the same evening at about. 9.30 P.M.
(3.) It has been alleged by the complainant in the FIR that his brother Sahdev and mother Smt. Atlau, P.W. 5 were returning after giving food to his brother Sahdev and father Dalel Singh at their tube-well. The accused Lala Alias Ashvasthama, Shetal and Sukhhir met then on the way .in the grove. Sukhhir ordered his mother Smt. Atlau to stop. Thereupon Shetal said that it was a very good opportunity and the complainant, brother and mother should he done to death. The complainant Prakash. Kalu and others, who were talking at the tube-well nearby heard the alarm. Hearing it, they rushed towards the place of occurrence. Accused Lala fired at Sahdev and Smt. Atlau and after causing injuries to these persons, they escaped. It was about 9.30 P.M. in the night. The complainant had gone with the injured persons to the Police Station along with the FIR.;