11.Roopsai (PW-2) is eyewitness. He is neighbour of deceased Premsai. He states that on the date of occurrence, deceased Premsai was sitting in his house and on that day, one of the accused/appellants – appellant No.3 Sukhram untied the buffaloes kept in the house of Premsai despite protest by wife of Premsai – Seemavati (PW-3) and mother of Premsai – Kailaso (PW-4). He further states that appellant No.3 Sukhram untied the buffaloes and he was taking all the buffaloes, both the ladies protested and told not to take the buffaloes from their house despite that he had taken the buffaloes. Thereafter, Premsai came back to house and on being informed that Sukhram (A-3) had taken the buffaloes, he immediately reached to the field of makai (a kind of pulse), at that time, appellant No.3 Sukhram said, “now Premsai had come“ and all the accused persons appellants No.1 to 4 assaulted him. Appellant No.3 Sukhram assaulted Premsai by lathi, appellant No.1 Ram Prasad (since deceased) assaulted Premsai by axe and appellant No.2 Ram Sharan assaulted Premsai by lathi but appellant No.4 Dhanaram has not caused any injury to Premsai, and thereafter, they ran away. He further states that he (PW-2), Prakash and Ramdulari brought Premsai to home and thereafter, his father Sukhsagar (PW-1) was called and Premsai was taken to Bhaisamuda and from there he was taken to Pratappur hospital by bus, and one hour after reaching the hospital, Premsai died. In the crossexamination, he maintained that the incident occurred in the field
