The two appeals, described above, arise out of a common incident, which took place on 18-6-1974, at noon in the agricultural area of Village Bichaila, Police Station Jaitpur, District Faizabad.

2. In Criminal Appeal No. 392 of 1978, the F. I. R. was lodged by Barsati Ram on 18-6-1974 at 2. 20 p. m. stating that adjoining towards the west of his Plot No. 585/3 of that village is the field to accused Ambika Singh and at noon time on that day his cousin brother Banshi Ram, his brother Phool Chand and his father, Ram Khelawan were casting manure in Plot No. 585/3, whereupon accused Ambika Singh, carrying a country-made pistol, his son Uma, carrying a gun, Ram Pratap, the Sarhoo of Ambika Singh and the latters tubewell mechanic, Jagdamba and Tatsat, all armed with Lathis, arrived and said that 3-4 Laththas of the land in the western side belonged to them and that Banshi Ram etc. must not cast manure in that area. When Barasati Ram etc. asked Ambika Singh and others to get the measurements done, assuring that Banshi Ram etc. would leave so much of the area as might fall in the plot of Ambika Singh and others, Ambika Singh, hurling abuses, fired three shots from his country-made pistol. B

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