brother, he rushed to the spot raising alarm. By that time informant's younger brothers Gautam Muni, Narad Muni and neighbours P.W.2 Ram Nivas Kushwaha, Ram Dhyan Kushwaha and P.W. 3 Rama Pati Kushwaha reached at the spot and all of them saw the accused-appellant (father of the informant) assaulting informant's younger brother Shyam Narayan Kushwaha by spade on his head. When the informant went forth, snatched the spade and tried to prevent the accused, the latter began to assault him also by the daab kept by the side, as a result whereof, the informant also sustained injuries on his hands, shoulders and head. Thereafter, the persons assembled at the spot caught hold of informant's father, accused-appellant Sugreev Kushwaha. Due to assault caused to informant's brother Shyam Narayan Kushwaha, he was writhing and bleeding. Informant and other villagers kept the injured Shyam Narayan Kushwaha on a cot and proceeded for Government hospital. They also took along with them accused-appellant. On reaching Government Hospital, Shyam Narayan Kushwaha breathed his last. Leaving the dead body of deceased in the hospital, Informant along with villagers and accused-appellant went to the police station-Kotwali. F.I.R. further states that accused-appellant had murdered his son Shyam Narayan Kushwaha over a trifling issue of squandering money and in respect thereof, some altercation had earlier taken place between deceased and accused-appellant. Accused also used to say that Shyam Narayan Kushwaha was unnecessarily spending money. On intervention of Informant and other family members the matter had earlier subsided. All of sudden on the fateful night, accused-appellant murdered informant's brother Shyam Narayan Kushwaha by spade. It was prayed in the F.I.R. that appropriate legal action be taken against the accused-appellant after registering the case.
