There, he made a companyplaint which has been filed as the first information report, and therein beset out the incidents mentioned above, and implicated the appellants as companycerned in the attack.
Exhibit P 7 is a statement of the deceased taken by the police officer subsequent to the lodging of the first information and after the investigation had begun, and its reception would be barred by section 162 of the Code of Criminal Procedure.
Exhibit P 7 and the testimony of P.Ws.
345 of 1952 arising out of the judgment and order dated the 20th August 1952 of the Court of Additional Session Judge, Darbhanga in Session Case No.
The Additional Sessions Judge, Darbbanga accepted the evidence of the prosecution, and companyvicted the appellants under section 302 read with section 34, and sentenced them to transportation for life.
4, 7 and 12.
He also companyvicted them, some under section 147 and the others under section 148, but imposed numberseparate sentence under those sections.
On appeal by special leave from the judgment and order dated the 12th August 1953 of the Patna High Court in Criminal Appeal No.
The deceased was then taken to the hospital, and in view of his precarious companydition the doctor recorded his dying declaration.
Then, we companye to the evidence of P.Ws.
On the basis of the first information report and on the enquiries made by them, the police charged the appellants under section 302 read with section 34 for murder and under sections 147 and 148 for rioting.
The appellants took the matter in appeal to the High Court of Patna.,
But the learned Judges thought that it would be admissible under section 32 1 of the Indian Evidence Act, and the companyrectness of this view is disputed by the appellants.
On behalf of the appellants, it was firstly companytended by Mr. Umrigar that the finding of the companyrts below that the incident took place at the school companyrtyard and number at the baithka of the deceased was bad, because it was based on inadmissible evidence, viz.,
The deceased was then sent 1045 for treatment to the hospital at Samastipur, but on the way he died.
The deceased ran to his baithka, and from there, he was taken to the police station at Singhia.
It is against this judgment that the present appeal is directed.
The learned Judges also maintained the companyviction of the appellants on the charge of rioting, but awarded numberseparate sentence therefor.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
J. Umrigar and B. C. Prasad, for the appellant.
12 of 1952.
K. Saran and M. M. Sinha, for the respondent 1955.
143 of 1954.
They were also charged, some under section 147 and the others under section 148, for be ing members of an unlawful assembly and for rioting.
One Harischandra Singh, who is still absconding, plunged his bhala into the abdomen of the deceased, and the appellants joined in the attack on him.
The case of the prosecution was as follows The deceased and the appellants were pattidars in the village I of Mahe, and there was ill feeling between them on account of the village pattidari.
But even if Exhibit P 7 is inadmissible in evidence, 1046 that would number assist the appellants, as the learned Judges observed that apart from that document, they would have, on the other evidence, held that the deceased was attacked at the school companyrtyard.
4, 7 and 12 on which the companyrts below have relied in accepting the version of the incident as given by the prosecution.
The Judgment of the Court was delivered by VENKATARAMA AYYAR J. The appellants were charged before the Additional Sessions Judge, Darbhanga under section 302 read with section 34 of the Indian Penal Code for the murder of one Balbbadra Narain Singh.
The defence of the appellant was that the deceased was attacked by some unknown ,assailants in his baithka in the early hours of 5 3 1951, and that they were number companycerned in the offence.
December 8.
On 5 3 1951, at about 10 A.M. the deceased was returning from the river to his baithka.
The Daffadar produced Sital Singh P.W.12 , Ram Karan Singh P.W. 7 and Ramkinker P.W. 4 .
Oil the way, the appellants who were armed with bhalas, sword and lathi, and some others surrounded him at the companyrtyard of the village school and attacked him.
