persons denied that they had committed the offences, which were alleged to have been committed by them, the case of the defence being, apart from a case of denial, a counter case by alleging that Badri Singh and his brother, namely, Kamta Singh (i.e., the informant) had dug a separate channel for bringing water from canal for irrigation of their own field, whereas the canal was meant for irrigation of the agricultural fields of others, too, and as the irrigation activities of the people, living in the nearby village, got adversely affected, they came armless to meet Badri Singh, because Badri Singh was s urpanch, but Badri Singh came armed with a gun and when they were all in the midst of conversation, Badri Singh and his associates started assaulting and shooting the villagers, who had come from nearby villages, and, as a result of firing, Rishad Khan and Gaurai Khan of village Dumraith suffered bullet injuries and, while Rishad Khan and Gaurai Khan were lying injured, at Bhabhua hospital, receiving treatment for bullet injuries sustained by them, Rishad Khan’s statement was recorded, on 05.08.1980, at about 10:00 P.M., by the police, and treating the said statement as the First Information Report, Bhabua Police Station Case No. 05(8) of 1980 was registered (Exhibit A), the said statement having, in fact, been recorded, when Rishad Khan receiving treatment for the injuries sustained by them. No evidence was adduced by the defence.
