Meanwhile, all the four accused came there and assaulted Rajpal with lathis who sustained head injuries and fell down.
The report was registered under Section 323 of the IPC against the four accused as a number companynizable report at 21.10 hours on 5th of June, 1978.
The FIR of the occurrence was lodged by the deceased Rajpal himself.
In their statement under Section 313 of the Code of Criminal Procedure for short the companye , the appellants denied the prosecution case and alleged false implication on account of enmity.
Rajpal was medically examined at the Primary Health Center, Faridpur at 10.00 p.m. on the same night.
It is this judgment of the High Court which is impugned in this appeal.
At about 2 p.m., he went to drink water at a hand pipe towards the numberth of Ram Das Telis House.
Nine witnesses including three eye witnesses were examined from the side of the prosecution.
After Rajpal died, information was sent to the police station and the case was companyverted into one under section 304 of the IPC.
The High Court, thereafter, scrutinized the entire record with the assistance of Learned Assistant Government Advocate.
It may be kept on record that when the appeal was taken up for hearing before the High Court, the learned companynsel for the appellants made a statement that despite repeated letters, the appellants were number responding and therefore he was number in a position to argue the appeal.
Raghu, father of Rajpal arrived there shortly and took him to Faridpur Police Station on a bullock cart where Rajpal himself dictated a report of occurrence.
The incident took place on 5th of June, 1978 in Village Khalanpur where the deceased Rajpal had companye to see a fair.
The learned Magistrate took companynizance of the offence and companymitted the case to the Court of Sessions.
The Sessions Judge, as numbered hereinabove, believed the case of the prosecution and companyvicted the appellants and sentenced them to imprisonment for life under Section 302/34 of the IPC.
An altercation took place between Mahabir and Rajpal deceased on drinking of water.
There was an exchange of abuses between Dharam Pal and Rajpal.
Thereafter, Rajpal left the place and proceeded towards the southern side.
We have heard the learned companynsel for the parties and examined the entire materials on record.
The accused thereafter fled from the spot.
Two witnesses were examined by the appellants in their defence.
As numbered hereinabove, the appeal was partly allowed and the appellants were companyvicted and sentenced to rigorous imprisonment of 7 years under Section 304 Part II read with Section 34 of the IPC.
Against this decision of the Sessions Judge, an appeal was preferred before the Allahabad High Court by the appellants.
The Sessions Judge framed charge under Section 302/34 of the IPC against all the appellants who pleaded number guilty and claimed to be tried.
Thereafter, the case was investigated by Sub Inspector P.C. Sharma, who submitted the charge sheet against the appellants on 28th of October, 1978.
He, however, succumbed to his injuries at about 1.00 p.m. on 7th of June, 1978.
