Per: U.C. Dhyani, J

On an FIR lodged by Karam Elahi, brother of victim with P.S. Haldwani on 26.12.1997 at 7:45 p.m., the criminal law was set into motion for killing of Matloob by appellants Afzal, Saleem and Mansur. The incident took place on 26.12.1997 at 7:00 p.m. and the FIR was lodged the same day at 7:45 p.m. The distance between the place of occurrence and police out post was 2 Kms only. Hence, there appears to be no delay in lodging the FIR.

2. The FIR was lodged by Karam Elahi to the effect that his brother Matloob used to deal in purchase and sale of buffalos. About 8-9 months before the incident, accused Saleem had purchased a buffalo form his brother. A sum of Rs. 2,000/- was due against Saleem. When Matloob Elahi demanded money from him, he did not pay the same. Saleem committed marpeet with Matloob Elahi. A police report to this effect was lodged in the P.S. concerned. A criminal case was pending against Saleem in the court. Since then Saleem and others were inimical to Matloob. On 26.12.1997 at 7:00 p.m. Matloob was sitting on chair in front of the house of Taufeeq. Narayan Das was providing fodder to the buffalos. The informant was collecting water for bu