JUDGMENT

Ashok Bhan, J.-Unresolved dispute over property led to the murder of Indradeo Singh at the hands of his brother Ramji Singh, appellant No. 1 and his two sons Ved Prakash Singh, appellant No. 2 and Bhanu Singh. Incident took place on 28th September, 1983 at 7.00 A.M. near the place of Bachcha Pandey towards the west of house of the deceased.

2. The first informant is the Rajpati Devi, PW 4, wife of the deceased and first information report was recorded by S.I. Gopal Prasad, Investigating Officer, of P.S. Kopa, Distt. Saran at her house on the same day at 10.00 A.M. The concerned Police Station is at Kopa which is at the distance of 5 to 6 kms from the place where the occurrence took place. It was reported by her that in the morning her husband Indradeo Singh had gone to field for easing out. While she was brooming her house, she heard the shouts of her daughter, hearing which, she came out of her house and saw that towards the West, in front of door of Bachcha Pandey, Bhanu Singh and Ramji Singh had caught hold of waist of her husband and threw him down and began to assault him with lathis. Ved Prakash Singh also brought a lathi. He had a chura as well in his hand. Bhanu Sing