- (1.) HAVING heard the learned counsels for the parties, we allowed the appeal as follows ; "for reasons to follow this appeal, the conviction of apppellants Hari Ram and Bhagwati for the offence punishable under Section 302 read with Section 34, I. P. C. and of Ghulam for the offence punishable under Section 323/34, I. P. C. , are set aside. They are acquitted. They are on bail, their bail bonds are discharged and they need not surrender. "
(2.) WE give our reasons for the decision. Appellants Ghulaim and Bhagwati are own brother ; appellant Hari Ram is the son of Ghulam. Bhagwati and Hari Ram have been convicted for the offence punishable under Section 302 read with Section 34 I. P. C. and sentenced to undergo imprisonment for life. Ghulam has been convicted for an offence punishable under Section 323 read with Section 34, I. P. C. and sentenced to undergo R. I. for one year. On 15-1-76 one Nand Lal of village Porai, where the appellants also belong, is said to have been murdered while his brother Badlu is said to have been attacked with lathi at about 2 p. m. The prosecution case is that Nand Lal deceased had worked as a labour at the house of the accused about a month before the occurrence but his wages were outstanding. On 15-1-76 at about 2 p. m. he is said to hive gone to the house of the accused where he demanded the payment from accused Ghulam. Ghulam is said to have resented for the demand made on a day of festival, namely, Sankranti (Khichari) and gave a call to Bhagwati and Han Ram to beat Nand Lal Badlu (P. W. I) who is said to have been present at his house at about 25 or 30 steps, heard the shouts of Nand Lal and ran up. it is said that he saw Bhagwati and Hari Ram attacking Nand Lal with lathis and when he tried to save Nand Lal, they beat him as well. The incident is said to have been seen by Buddhu (P. W. 2) and Ram Jiyawan (P. W. 3) and some other persons. The appellants however escaped into their house and could not be captured.
(3.) NAND Lal was taken from the spot in an injured state to his house and was then Lald in a bullock cart. He was taken to Jetuwa Hospital about 2 or 3 miles away his injuries were examined by Dr. S. N. Srivastava (PW 8j on the same day at 3. 10 p. m. The Doctor found 2 lacerated wounds on the left side of the head and 1 abrasion on the right side of the person of NAND Lal, Badlu did not get himself examiaed at the Hospital. Badlu, however, brought Nand Lal back to his house and thererfter took him to Police Station Gurubuxganj, 6 miles away, but on way to the Police Station Nand Lal died at the Chauraha of Gurubuxganj. , He then got the F. 1. R. written at Gurubuxganj Chauraha and lodged it at the Police Station in the night between 16th and 17th January, 1976 at 12. 30.;