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2. The prosecution version in brief is that on 16.02.2002 complainant Vedram has submitted a written complaint exhibit Ka-1 at P.S. Dataganj, Badaun alleging that on 16.02.02 at 11.00 AM while he along with his brother Surender was sitting near the well of his village, the accused Raja Ram and Rajesh having tamanchas, Subhash and Ram Pal having country made guns, Sheo Dayal having spade (farsa) and wife of Raja Ram having a knife came there. Raja Ram exhorted that Surender be killed and asked Rajesh to take revenge of his father. Thereafter, Raja Ram, Rajesh, Subhash and Ram Pal fired at complainant's brother Surender, resultantly he sustained fire arm injuries. Sheo Dayal attacked him by spade and wife of Raja Ram cut the neck of Surender. Hearing cries of the complainant, his father and neighbours Jagdish, Ram Singh and some other residents of the village came there and saw the incident. Thereafter, the accused persons fled from the spot.

13. In evidence, PW-1 Vedram has stated that his brother Surender was facing trial of the murder of father of accused Rajesh. On the day of incident at around 11 AM he along with his brother Surender was sitting near well while his father was at the roof. Accused/ appellants Raja Ram and Rajesh having tamanchas, Subhash and Ram Pal having guns, Sheo Dayal having spade and Gyanwati having knife came there and Raja Ram exhorted co-accused Rajesh saying that kill the deceased Surender. Thereafter, accused Raja Ram, Rajesh, Ram Pal and Subhash fired shots at the deceased Surender while Shiv Dayal gave a spade blow and Gyanwati gave a knife blow at the neck of the deceased. Hearing cries of the complainant, Ram Singh, Jagdish and some villagers reached there and thereafter accused fled away from the spot. PW-1 has proved the written complaint submitted by him at the Police Station as Exhibit Ka-1.

2. The prosecution version in brief is that on 16.02.2002 complainant Vedram has submitted a written complaint exhibit Ka-1 at P.S. Dataganj, Badaun alleging that on 16.02.02 at 11.00 AM while he along with his brother Surender was sitting near the well of his village, the accused Raja Ram and Rajesh having tamanchas, Subhash and Ram Pal having country made guns, Sheo Dayal having spade (farsa) and wife of Raja Ram having a knife came there. Raja Ram exhorted that Surender be killed and asked Rajesh to take revenge of his father. Thereafter, Raja Ram, Rajesh, Subhash and Ram Pal fired at complainant's brother Surender, resultantly he sustained fire arm injuries. Sheo Dayal attacked him by spade and wife of Raja Ram cut the neck of Surender. Hearing cries of the complainant, his father and neighbours Jagdish, Ram Singh and some other residents of the village came there and saw the incident. Thereafter, the accused persons fled from the spot.

13. In evidence, PW-1 Vedram has stated that his brother Surender was facing trial of the murder of father of accused Rajesh. On the day of incident at around 11 AM he along with his brother Surender was sitting near well while his father was at the roof. Accused/ appellants Raja Ram and Rajesh having tamanchas, Subhash and Ram Pal having guns, Sheo Dayal having spade and Gyanwati having knife came there and Raja Ram exhorted co-accused Rajesh saying that kill the deceased Surender. Thereafter, accused Raja Ram, Rajesh, Ram Pal and Subhash fired shots at the deceased Surender while Shiv Dayal gave a spade blow and Gyanwati gave a knife blow at the neck of the deceased. Hearing cries of the complainant, Ram Singh, Jagdish and some villagers reached there and thereafter accused fled away from the spot. PW-1 has proved the written complaint submitted by him at the Police Station as Exhibit Ka-1.