ORDER

1. This order will dispose of Criminal Appeal Nos. 1100-1101 of 2003 titled State of U.P. v. Ramji Tiwari and Ors. and Criminal Appeal Nos. 1098-1099 of 2003 titled Chandrawati v. Ramji Tiwari and Anr. Etc.

2. The facts have been taken from the appeals filed by Chandrawati Devi, the complainant in Criminal Appeal Nos. 1098-1099 of 2003.

3. On 31st October, 1997 the accused were removing hay from the land in front of the house of Nazir, a neighbour of Chandrawati. Nazir objected to this action and started abusing them and tried to assault them as well. On hearing the altercation Chandrawati's husband Bindeshwari and son Raj Kumar came out to intervene on which Godavari-accused brought a double barrel (DBBL) gun and cartridges and gave them to accused Ramji Tiwari and exhorted him to kill Nazir and the others to settle the dispute for all times to come. Ramji Tiwari first fired a shot at Nazir and a second shot at Smt. Kunna (PW-4) wife of Hazrat Ali. On hearing the sound of the firing, the other accused namely Virendra Tiwari, Chandreshwar Tiwari and Laxmi further exhorted Ramji Tiwari and shouted that Bindeshwari was also coming from a side lane and he too should not be spared.