occurrence. In his examination in chief, he categorically asserted that when he and his brother deceased as also two others were returning from his house in Harnathpur Diara to his native village-Mahuli, his brother deceased was shot by Shashi and Ravish Yadav and he died on the spot itself. The other accused persons named in the fardbeyan, though armed with lathi and spear did not commit any overt act but were present at the scene of occurrence. The informant in paragraph-10 and other paragraphs admitted that father of appellant, Shashi Yadav, Suresh Yadav was done to death and the informant and his brother, Kailu Yadav are accused in the said case. He, however, claimed ignorance about having definite knowledge of the said case. In paragraph-12 of his evidence, the informant gave details of the proceeding pending in the court of Sub Divisional Magistrate vide Case No.414M/1973 with regard to land, which was purchased by him from Bibi Fatima in which he was second party and the dispute between him and appellant, Shashi and the absconder, Ravish. The other accused persons named in the fardbeyan had no concern with the said dispute. In paragraphs-15, 16, informant further clarified that Pradumana Yadav and Tribhuwan Yadav are son and nephew of Ramlakhan Yadav, who was a witness against him in the murder case of Suresh, father of appellant, Shashi Yadav. In paragraph18, informant further confirmed that he alongwith his deceased brother and two others were returning from their house in Harnathpur Diara to
