NATHOO AND OTHERS Vs. STATE

JUDGEMENT

(1.) APPELLANT no.3 Jagoo is reported to be dead. Appeal in respect of appellant no.3 stands abated vide order dated 27.4.2006.

(2.) APPELLANTS and Rameshwar (deceased) are collateral. Their houses are adjacent to each other. Quarrel started on account of fixing stake KHUTA on the land claimed by accused as their own, which resulted in injuries of the deceased as well as two accused Nathoo and Bhagela. Another report of the same incident was also registered at the instance of appellant Natthoo against deceased Rameshwar, Hari and Smt. Manki, which is Ext. Kha-6.

(3.) PROSECUTION examined four eyewitnesses namely Smt. Munkiya PW-1, Smt. Udasiya PW-3, Chhattu PW-4 and Hira PW-5. Dr. Radhey Shyam Singh PW-2 conducted post mortem report on the body of deceased, Dr. Dashrath Mandal PW-10 examined injuries. Ram Narain Yadav PW-6, Bachcha Lal Rai PW-7, Ram Chandra Dubey PW-8 and Brijendra Prasad Upadhyay PW-9 are formal witnesses.