Judgment

BACHAWAT J. :- The prosecution case was that Bhaiya Ramanuj Pratap Deo was the proprietor of village Phatpani and owned and possessed bakasht and gairmazura lands therein including plot No. 1311 and the mahua trees standing thereon. On April 10, 1962 at 3 P.M. his employee P.W. 33 Bindeshwari Singh was in charge of collection of mahua fruits in plot No. 1311 and the victims Ram Swarup Singh and Ramdhari Singh were supervising the collection P.W. 1 Dhaneshwari, P.W. 2 Deokalia, P.W. 3 Dewal, P.W. 4 Rajmatia, P.W. 6 Udal Singh, P.W. 7 Border Singh, P.W. 8 Moghan Chamar, P.W. 9 Ram Dihal Kharwar, P.W. 10 Ram Torai Kharwar, P.W. 11 Manan Singh and P.W. 13 Jhagar Kharwar were collecting mahua fruits when suddenly accused Mathu Pandey, Kundal Pandey and Muneshwardhar Dubey armed with garassas, Chandradeo Pandey Dayanand Pandey and Nasir Mian armed with bhalas and Bife Bhogta, Thegu Bhogta, Nageshwardhar Dubey and Uma Shanker Dubey armed with lathis surrounded Ramswarup and Ramdhari and assaulted them with their weapons. Dewal also was assaulted by Bife and Thegu and suffered minor injuries. Ramadhari died on the spot. Ramswarup died while preparations were being made to carry him