The defence also examined the Magistrate as DW 1 who is alleged to have recorded the statement of informant PW 8 at the hospital on the date of occurrence while he was lying in injured companydition.
7, 1 and 2 and the acquitted persons assaulted him by means of lathi.
Finally Chargesheet was submitted as against 9 accused persons, as already stated, against Rajender Singh, Prabhunath Singh and Triloki under Section 302 for the murder of Kameshwar and against all the nine accused persons including the six acquitted under Section 302/149 for being members of an unlawful assembly in prosecution of the companymon object of which assembly Rajender and others assaulted the deceased and then murdered.
The stomach companytained about 10 ones of rice mixed food materials.
On desoretion of abdomen liver was sound pale.
2, 4, 7 and 8 of whom PWs 7 and 8 had been injured.
It is also the further case of the prosecution that PW 7 who is the nephew of the informant had also been assaulted.
4514 belonging to the accused lying companytiguous south of plot number 4513 while the accused persons were on their field and, therefore, it is the prosecution party who are the aggressors and the accused persons are entitled to right of private defence of property as well as person.
146 of 1985.
From the evidence of doctor PW 3 who companyducted the postmortem on the dead body of Kameshwar it is crystal clear that the death was homicidal and the said companyclusion of the learned Sessions Judge has been affirmed by the High Court in appeal and had number been assailed before us.
In the opinion of the doctor death was due to shock and hemorrhage and injury number 1 was sufficient to cause death in the ordinary companyrse of nature.
Satyanarain PW 8 gave the First Information Report at 6.00 p.m. at Sadar Hospital, Chapra where he was lying injured, alleging therein that at 11.45 a.m. while the informant was getting his field ploughed by a tractor which he had hired from PW 5 these appellants and others came and asked the informant party number to plough the field but when the informant protested he was abused and then accused number 1 assaulted him by means of Bhala on his abdomen whereas accused number 2 assaulted him on his chest.
The said statement has been marked as Exhibit From the cross examination of the prosecution witnesses, the defence case appears to be that the occurrence in fact took place on Plot No.
The bladder was empty.
They were also companyvicted by the Sessions Judge under Section 307 and sentenced to imprisonment for 7 years and for their companyviction under Section 324 they were sentenced to undergo RI for one year.
On further disection, both lungs were found pale, right side of chest was having blood in its chambers.
189 of 1981, which has been upheld in Appeal by the High Court of Patna in Criminal Appeal No.
He had also relied upon the evidence of the doctor PW3 who was posted at Sadar Hospital, Chapra and who had companyducted the autopsy on the dead body of deceased Kameshwar and had submitted the postmortem report Exhibit 2 and who had also examined the injured persons.
On a thorough analysis of the entire evidence on record the learned Sessions Judge came to the companyclusion that the occurrence took place on plot number 4513 which admittedly belongs to the informant and, therefore, the plea of the accused that they were exercising their right of private defence of property as well as person on their land is number acceptable.
The Investigating Officer went to the village and held the inquest over the dead body at 9.45 p.m. and prepared an Inquest Report Exhibit 7.
This companyclusion of the learned Sessions Judge has been re affirmed in appeal by the High Court and Mr. P.S.Mishra, learned senior companynsel appearing for the appellants also fairly did number assail the same.
On the basis of the aforesaid First Information Report Sub Inspector of Police PW 9 registered a case and started investigation.
The said doctor had also examined the injuries on the person of the informant on the requisition of the Investigating Officer.
The prosecution case in nutshell is that on 4th July, 1977 an incident occurred in village Jaidpur Tola Pilui in the district of Saran and one Kameshwar Singh was murdered.
The said evidence of PW 8 also indicates that Kameshwar himself was armed with a Farsa while Ramdeo Singh, Surender, Kishun Pandit and Rudal Singh were armed with lathis and when Rajender Singh gave a lalkara Prabhunath Jagnarain and Kishun Pandit assaulted PW 8.
Left side was found empty.
To bring home the charges against the accused persons the prosecution relied upon four eye witnesses, namely, PWs 2, 4, 7 and 8.
The learned Sessions Judge companyvicted the appellants on the basis of the ocular evidence of four eye witnesses, namely, PWs.
The dead body was sent for autopsy which was companyducted by doctor PW 3.
Deceased Kameshwar who was the nephew of the informant was assaulted by accused number 1 in his abdomen and thereafter all the accused persons assaulted him.
The left side of chest cavity was having about 8 ones of altered blood.
Before the learned Trial Judge in all there were nine accused persons but six of them were acquitted and only two appellants alongwith one Prabhunath Singh were companyvicted but said Prabhunath died during the pendency of appeal in the High Court, and as such, there are two appellants in this Court.
The prosecution also further alleged that brother of the informant Banwari Singh had also been assaulted by accused number.
Rajender Singh and Prabhunath Singh were further charged under Section 307 and there were charges under Section 148 and 147 and also under Sections 324 and 323 of Indian Penal Code.
PATTANAIK,J. The two appellants, Rajendra Singh and Triloki Singh have assailed their companyviction and sentence passed by the First Additional Sessions Judge, Saran in Sessions Trial No.
