was alleged that the informant had a small shop dealing with grocery and other items. At about 04:00 PM, the appellant Hareram Rishideo is said to have come to the shop, asking for a cigarette, which the informant had given him for one rupee. The appellant, Hareram Rishideo returned to the shop asking the informant to give him a better cigarette, costing 3 rupees. The Informant expressed her inability and is said to have told the appellant Hareram Rishideo, that when there was no consumer in the village to purchase cigarette even for a rupee, where was the question of the keeping costlier cigarettes. The appellant Hareram Rishideo sharply reacted to such response and used abusive language against her. The informant’s husband (the deceased) who was present nearby, objected to the appellant’s conduct of using abusive language and told him that he would be complaining to his elder brother, Shyam Rishideo (an appellant) about it. The deceased, thereafter, went to complain to Shyam Rishideo to his house. The informant asserted that she also followed her husband. When the deceased reached the house of the appellant and complained to them about the conduct of the appellant Hareram Rishideo, all of the them started assaulting him with iron rods, lathi and mungri (thick stick). The other witnesses, upon hearing the noise, reached at the place of occurrence and noticed the
