happened to the victim. The relevant portion of the evidence of DW
1 reads as follows:
“After the death of father, finding me helpless, Zalim
Khan gobbled all my property. We have intense enmity
with Zalim Khan for the same reason. My son Chotkau
and I opposed Zalim Khan in the election of Pradhan
and other matters, that is why Zalim Khan implicated
my son in this false case. Zalim Khan has falsely
implicated my son by making Kishun Bahadur and
Rajkaran the complainant and the witness in the said
case who are the servants of Zalim Khan. The truth is
that the daughter of brother of the complainant of case
Kishun Bahadur had gone in the sugarcane field for
defecation, there itself a Markaha (aggressive) Neelgai
threw her by its horns, due to which she had died. But
giving this matter a different color due to enmity,
Zalim Khan got my son implicated as the acused by
putting pressure on the local police. We got to know
the fact of Uma Devi being killed by the Neelgai when
the son of Behna had gone for defecation in the same
field and Neelgai had hit him too with its horn due to
which his scrotum had ruptured.”
26. Keeping in mind the defence so put up by the appellant, let us
now come to the other portions of the evidence of PWs 1 to 3.
The Mode of Lodging of the FIR
27. On the question as to how the complaint was lodged and as to
what happened immediately thereafter, PW1 stated in Chief
examination as follows:
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