while Amar Prasad and Tikam Prasad were holding lathi (stick) and Laxmi Prasad, the absconding accused, was holding Kopta (latasa)and with the aid of those weapons, they killed his father and uncle. It was stated further that Shiv Prasad with an intention to kill him, assaulted severally on his head, but, he saved himself by his hand and sustained injuries. It was stated further that when his mother Gayatri Bai came, she was also assaulted by Phoolsai and his son Laxmi. It was further deposed by him that because of the previous enmity with regard to the land dispute, his father and uncle were murdered by them. When a suggestion was put to him by the counsel appearing for the appellants (Amar and Tikam) that they were not present at the place of incident, it was denied that they were not present, though, according to him, he was not assaulted by them. It was stated further specifically that his father and uncle were assaulted by Phoolsai with the aid of iron pipe and his wife Gomti Bai and son Shiv Prasad with the aid of axe and Amar Prasad, Tikam Prasad and Manish have assaulted them with the aid of lathi (stick) and have murdered his father and uncle with the aid of axe and lathi (stick). It was denied by him in his statement that his father and uncle were assaulted by Amar Prasad and Tikam Prasad with the aid of lathi (stick) when a specific question was put to him in this regard and it was denied further that owing to the previous enmity, he named their names. He was, thus, firm in his crossexamination and deposed specifically that at the time of occurrence of the alleged incident, both Amar Prasad and Tikam Prasad were also present and they have assaulted his father and uncle with the aid of lathi (stick).
