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The deceased Komal Ram, his father Ram Bharose - who is also an eye-witness to the incident and who lodged the FIR also, Zhamman (P.W.2) and Baijnath (P.W.5) - the two eye-witnesses and the three accused-respondent are all residents of village Saravni Purbi Patti, P.S. Kerakal. There was a civil litigation relating to a land dispute going on since 1966 between Ram Bharose (P.W.1) - the father of the deceased Komal Ram and the accused Ram Naik, wherein Ram Bharose had succeeded in the Trial Court. Ram Naik had preferred an appeal in the year 1976 which was to come up for hearing on 19.5.1978. Komal Ram, the deceased, was looking after the litigation on behalf of his father, Ram Bharose. On 19.5.1978 also Komal Ram was scheduled to leave for the city where the appeal was to be heard. Komal Ram was a primary school teacher by profession. At a distance of about 100 yards from the residential house of Ram Bharose is situated his agricultural land which has also a well. Zhamman(P.W.2) and Baijnath(P.W.5) have their houses situated in close vicinity of Ram Bharoses house in the village.

According to the prosecution, sugarcane crop was sown in the agricultural land of Ram Bharose. For two days preceding the date of the incident the crop was being irrigated from the well. For this reason and it being the summer season, Komal Ram used to sleep on a cot by the side of the well while Ram Bharose, Zhamman and Baijnath used to sleep at their respective houses in the village but outside the houses as the villagers do during the summer. At about 3.30 a.m. on the night between 17th & 18th May, Ram Bharose was awakened by Komal Rams screams. He too raised hue and cry which attracted Zhamman and Baijnath. They started running towards the well. Each one of them had a torch in his hand. They reached near the cot of the deceased Komal Ram. Though it was moon-lit, the trio flashed their torches and saw the three accused persons and an unidentified person standing surrounding Komal Ram. Accused Ram Naik was armed with a gandasa (a butchers heavy knife, also used for chopping fodder-grass). The other two accused and the unidentified person were empty- handed. The three, excepting Ram Naik, had caught hold of Komal Ram keeping him pressed on the cot in the lying position while Ram Naik was rasping Komal Rams throat with gandasa, i.e., using the gandasa like a saw or file. The three accused and the fourth person - all took to their heels having seen Ram Bharose and the two witnesses. Komal Ram was found dead having sustained a severe cut wound on the neck and another injury on the left hand. They returned back to the village. One Shriram Yadav helped Ram Bharose by preparing a written report of the incident which was taken to the police station by Ram Bharose and on its basis FIR (Exhibit P-4) was recorded by Sheikh Faikoo, the constable Mohrrir posted at the police station at 6.10.a.m. An offence under Section 302 IPC was registered and the usual investigation commenced, the details whereof are not very material. Autopsy on the dead body was conducted by Dr. R.P. Rastogi. On completion of investigation the three accused-respondents were charge-sheeted.

We have heard the learned counsel for the appellant and also the learned counsel for the State. Having heard their submissions and having gone through the statements of the several witnesses as also the other material available on record we are of the opinion that the finding of acquittal as arrived at by the High Court is not liable to be interferred with.

As already stated, strained relationship between the three accused-respondents and the complainant Ram Bharose is an admitted fact. Ram Bharose(P.W.1) has also admitted that Zhamman and Baijnath, the two eye-witnesses were his caste fellows. In the civil litigation, Zhamman and Baijnath had appeared as his witnesses against Ram Naik. The litigation had been going on for about 12 years prior to the date of the incident. Ram Naik having lost in the first round of litigation, had preferred an appeal and was prosecuting the same. Apparently, nothing had happened immediately which could have prompted or motivated the three accused-respondents to murder Komal Ram. If there would have been any such apprehension on the part of the deceased or the complainant, the deceased Komal Ram would not have gone to sleep alone near the well. At the same time, merely because the relations between the accused persons and the complainant were strained leading to groupism in the village, the testimony of the eye-witnesses is not to be discarded though it needs to be scrutinised with caution so as to eliminate the possibility of any false implication.

According to Zhamman(P.W.2), he having arose at the cries of Ram Bharose, picked up his torch and followed Ram Bharose, who was running towards the well. From 10 to 12 paces away from the well he saw the accused Ram Naik rasping the throat of Komal Ram with gandasa and three other persons including Lalta and Kanta, accused keeping the deceased Komal Ram pressed on the cot. He had not heard the voice of the deceased Komal Ram but had heard the cries of Ram Bharose only. None had lighted the torches while running towards the well as moon-light had created some visibility. The two witnesses ran after Ram Bharose and had reached near the cot of the deceased. He stated to have seen the accused Ram Naik rasping Komal Rams throat.