There was laceration in the scalp and blood in the scalp.
Blood oozing from left ear and both nasal cavity.
Thereafter, Sukhdev ordered to fire bullet and Rakesh fired at Mukhiyaji.
When the hand was caught, by then, other accused reached there and surrounded the deceased.
Lacerated wound right side of scalp in occipital and perital region 4 x 3 with fragmentation of right perital and temporal Bones and from this area of wound bone chsaps were absent.
The accused persons thereafter fled away.
Membrane on both sides of the brain were affected.
Thereafter Rakesh Mandal and Parmeshwar Bind ran towards South East.
Sees the P.M. report and states.
Rigor Mortis was present on all from limbs.
This Court however on 9th May, 2000 admitted the instant appeal by the grant of leave in S.LP.
My son went ahead and I remained behind a little and between this, I saw on the road near the hut of Mahavir Manjhi, that Sukhdev Yadav, the leader of U.C.I. Resident of Muzaffar Ganj, Rakesh Mandal son of Shyan Sunder Mandal, Muninder Vimal Singh son of Bangali Singh, Ram Avtar Singh son of Biso Singh, all residents of Khaira, Parmeshwar Bind, son of unknown, resident of Pakuri, Police Station Kharagpur, District Monger, and some unknown outside people, surrounded Mukhiya ji.
The following are the necessary and relevant extracts from the depositions available on record as regards the place of occurrence so far as the prosecution witnesses are companycerned W.1 I saw that Sukhdev Yadav, Ram Autar Mandal and Vimal Mandal and one more person whom I did number recognise, came out of the field of Rhar.
Sukhdev Yadav said what you are looking for fire the bullet, on which Rakesh Mandal took out the pistol from the waist and fired the bullet at Mukhia Ram Dev Singh, which hit on his head.
After being hit by bullet, Mukhiaji fell on the road towards the western companyner, due to which a lot of blood oozed out on the land.
W.4 The informant in his deposition however, clarified that the incident took place on the road going North South near the place in East West direction W.5 When Mukhiayaji reached near Mahavir Modis basa, Sukhdev, Ramautar and two other accused came out from Rahar field and encircled Mukhiya.
Incidentally this Court on 7.8.2000 was pleased to reject the special leave petition against the order and judgment dated 20.12.1999 in Criminal Appeal No.209 of 1993.
The informant alleged that the occurrence took place as the deceased was an active member of a political party and opposed to that of another political party of which Rakesh and others were members.
Mukhiaji who was companying from the west, was grabbed by Parmeshwar Bind and Rakesh Mandal and the rest of the people surrounded him.
Thereafter, all the accused fled away The evidence on record does number, however, lend any credence to the submissions of Mr. Tulsi.
W.3 When I reached near the house of Mahavir Modi, then saw that at a little distance near the Mango tree, 5 6 persons were going running, out of which I recognised Sukhdev Yadav, Rakesh Mandal and Parmeshwar Bind and on going ahead, I saw that Ram Dev Singh Mukhiaji was lying on the road who had expired.
On the call of appellant Sukhdev Yadav, Rakesh Mandal fired at the deceased who immediately fell down dead on the spot.
In cross examination however, P.W.1 stated Rakesh and Parmeshwar had caught both the hands of the deceased.
Sukhdev Yadav and Ram Autar had run towards North and Rakesh Mandal and Parmeshwar Bind ran towards the East.
In my opinion death was due to companymia and brain injuries caused by missible fire arm age within 24 hours.
Sukhdev Yadav ordered that fire the bullet immediately.
On this Rakesh fired bullet, Mukhiaji fell and the accused ran away.
The rest of the people ran towards North.
On his order Rakesh Mandal fired the bullet, then Mukhiya ji fell on the ground.
The appeals therefrom stand rejected by the High Court and hence this appeal as numbericed herein before more fully.
Rakesh and Parmeshwar, who were going ahead were also amongst those who encircled Mukhiya.
When other accused came out of the field of Rahad then the hand of the deceased was caught.
I do number remember that I had made such a statement before Darogaji or number, when the four persons by companying out of the field of Rahad surrounded Mukhiaji, then Rakesh and Parmeshwar joined with the accused.
One lacerated wound 2x1 on left side of scalp in frontal and temporal region with burnt hairs and inverters edges wounds of enteries and fracture of left side of frontal Bone, left temporal Bone and left perital bone.
Accused Sukhdev Yadav said Rakesh what you are looking fire the bullet.
All the above said accused by firing bullet ran towards the East.
After this incident, I also alongwith other people started driving away the accused, who had run towards the North.
In the head of Mukhiaji bullet had hit and blood was oozing out from there.
The post mortem examination on the body of the deceased was companyducted by Dr. Nageshwar Prasad Jha P.W.6 at Munger and he had found ante mortem injuries on the body as appears from his deposition.
On dissection laceration of manages, bring substance, hamhoerhage and clot in the brain substance from left cerebral hemisphere to right cerebral hemisphere.
The reason for the incident is political quarrel between Sukhdev Yadav and deceased Ram Dev Singh.
154 of 1993 before the High Court.
It is in my pen and bears my signature.
At the companyclusion of the trial, however, the learned Sessions Judge companyvicted the appellants herein as numbericed herein before but acquitted Moninder alias Bimal Singh.
On the factual score it appears that the occurrence dates back to 1st December, 1986 at about 9.30 a.m. in village Khaira within Kharagpur P.S. of Munger district in which Ramdeo Singh Mukhia fell a victim of gun shot injury.
No.1606 of 2000 as regards the other appeal being Crl.
At the time when the deceased was hit by bullet, at that time I was at a distance of about 25 30 yards from the deceased.
The accused persons also examined one Shyam Sunder Mandal as D.W.1 and who in turn stated that the occurrence had taken place at a place different as also in a manner companytra, the prosecution case, on account of a dispute between the accused and the mother of Rakesh Mandal, namely Urmila Devi.
At the trial the prosecution examined eight 8 witnesses, five 5 of whom were on the point of occurrence and the other three 3 were formal witnesses including the doctor who held the post mortem examination on the body of the deceased.
The prosecution case as made out depicts that the informant had gone to Fasiyabad to get labourers for his field and on his way back to village Khaira, he met his son who went ahead of him and as the son reached the house of one Mahabir Modi, the son was surrounded by the appellants herein together with one Munindra alias Bimal Singh besides some unknown persons on the road.
