JUDGMENT :

Vinod Diwakar, J.

1. Upon an incident, having taken place in the intervening night of 19th and 20th July 1980, a First Information Report was lodged on 20.7.1980. Ram Jiyawan Tripathi scribed the tehrir on the dictation of the first informant, Radhika Devi. In the F.I.R. it was stated that on the previous night, while the first informant and her husband Buchnoo Tiwari were sleeping in the Veranda of their house in village Dulahi, Police Station Khesraha, District Basti, after having their dinner etc., at around 12 mid-night because of the call of nature, the younger daughter, who was sleeping with the first informant, woke up. The complainant was trying to ease the child, and at that moment, four persons reached the place of the incident with country-made pistols and lathies. When the first informant asked them not to come near her and her husband then, the assailant, Jagdish, son of Ram Dulare, who was having country-made pistol in this hand, fired on the husband of the first informant. Thereafter, the first informant, caught hold of Jagdish. Thereupon, Jagdish exhorted his friends to kill the husband of the first informant. Upon this exhortation, Vishdhar alias Shridhar,