JUDGMENT :

Shree Chandrashekhar J.

1. Ramgarh P.S. Case No. 15 of 2011 was lodged against Krishna Singh, Puneshwar Singh and Brij Kishore Singh under section 302/34 of the Indian Penal Code for committing murder of Amar Singh in the night of 27.08.2011. In his fardbeyan which was recorded at 09:00 am on 28.08.2011 at village Serka, Satyalok Singh who is the son of Amar Singh has stated that at about 08:30 PM he heard a sound of firing and in the meantime Surendra Singh, his cousin brother, came running there and told him that Krishna Singh, Puneshwar Singh and Brij Kishore Singh have fired at his father - at that time Satyalok Singh was at his new house. He has further stated that his cousin brother has identified the accused persons in the torch light. He has seen gunshot injury on the person of his father who was lying dead at his old house. The accused persons were litigating a land dispute since last 8-9 years and they had a grudge against his father because he had made a complaint about irregularity in distribution of mid-day meal to the children. During the investigation, Deolal Singh and Bhaironath Singh who are the co-villagers stated before the police that they were told tha