informant raised the alarm and tried to save his brother, but he was threatened by the accused persons with the same consequences. Thereafter Seraj Ansari took away Rs.2000/- from the pocket his brother, and his son Naimul Ansari took away the wrist watch of his brother. His brother had sustained bleeding injuries on his head and other parts of the body. Upon the alarm raised, some persons came there and the informant brought his brother to his house. He has stated that there was land dispute between his brother and the accused, Seraj Ansari, which was decided in favour of his brother, due to which, the accused persons had assaulted his brother by bhala and lathi , badly injuring him. He has stated that his brother was not in a position to speak. On the basis of the fardbeyan of the informant, Kanke P.S Case No.121 of 1991, corresponding to G.R No.3599 of 1991, was instituted for the offences under Sections 307, 324, 323, 341, 379 / 34 of the Indian Penal Code, against the named accused persons and investigation was taken up. The brother of the informant died in the same night and accordingly, Sections 302 / 34 of the Indian Penal Code were added. After investigation, the police submitted the charge-sheet in the case. 4. After commitment of the case to the Court of Session, charge was framed against all the accused persons for the offence under Sections 302 / 34 of the Indian Penal Code, and upon the accused persons' pleading not guilty and claiming to be tried, they were put to trial. In course of trial, nine witnesses were examined by the prosecution, including the I.O. and the Doctor, who had conducted the post-mortem examination on the dead body of the deceased, out of whom, P.W.-4 Wahid Ansari was only tendered by the prosecution, whereas P.W.-8 Md. Mubarak Ansari and P.W.-9 Bhola Mahto turned hostile and have not supported the prosecution case. Two witnesses were also examined on behalf of the defence.
