R.B.DIXIT, J. - (1.)"We all go through life" , remarked the author of "Alpha and Omega", after observing the thinking pattern of different types of people", bearing spectacles coloured with our own taste and calling. Similarly, here in the present case, according to the prosecution, main accused Bhagwan Singh, neighbour of deceased Mata Prasad wanted to eliminate his rival, as he had filed a civil suit against him and for which purpose, he went to the extent of hiring the services of co-accused Sultan Singh, Laxman and others.
(2.)It is further alleged that on 28/02/1984, all the accused persons in furtherance of their conspiracy assembled on the well of accused Bhagwan Singh situated on the outskirts of the village and jointly consumed liquor there. Thereafter, at midnight, they arrived in the house of Bhagwan Singh and after scaling the roof of house, entered in the house of deceased Mata Prasad, where they found deceased Mata Prasad sleeping in the courtyard. Accused Munna (since absconding), removed the quilt from the body of deceased and accused Bhagwan Singh placed a wet cloth on his mouth which contained some poisonous smell. Accused Laxman and Munna caught his legs and accused Pooran Singh (now dead), opened the door giving entry to another accused Sultan Singh who was keeping a vigil outside the house. Thereafter, accused Munna pressed the mouth of deceased and Bhagwan Singh and Pooran caught hold his legs then Bhagwan Singh repeatedly assaulted with fists on the testicles of deceased with the result, he died. They then hanged the deceased in a roof of the house with a rope tied around his neck.
(3.)When the accused persons were coming out of the room, they were suddenly encountered by Munni Devi, daughter of the deceased, who was sleeping in another room. When Munni Devi told Bhagwan Singh and Laxman as to what they have done, thereupon, accused Bhagwan Singh and accused Munna also assaulted her. It seems that Munni Devi died because of throttling and then she was set to fire by Bhagwan Singh, Sultan Singh and Laxman.