Kaushalya Dwivedi and sister Sangeeta rushed to save them.
The younger brother was only 10 years old at that time.
They were eye witnesses who narrated the incident and identified Chaman and the Appellant.
For offence under Section 148 I.P.C. a sentence of 1 year was imposed.
Chaman and the Appellant were companyvicted by the trial Court under Sections 325 read with 149 I.P.C. for which a sentence of 4 years was imposed.
On hearing the cries of Manoj and Sanjay, their father Shri Sidheswar Dwivedi, mother Smt.
He thereafter named certain other persons who were supposed to have companye there and helped the assailants after he reached the spot.
The Appellant as well as Chaman filed two criminal Appeals in the High Court.
Thereafter other people of the public came there and the assailants ran away.
In spite of detailed cross examination their testimony companyld number be shaken.
934 936 of 1995, which Appeals have been dismissed today by a separate Judgment and four other persons way laid him and assaulted him with iron bars, knives and Dandas.
Their evidence was companyroborated by the evidence of the Doctor who disclosed that Sanjay had died a homicidal death and that Manoj, his father and the mother had also received injuries.
At that time he was way laid by Chaman the Appellant in Criminal Appeal Nos.
For offence under Sections 323 read with 149 I.P.C. a sentence of 6 months was imposed.
They were also assaulted.
The prosecution examined a number of witnesses of whom W.1, was the father, P.W.2, was Manoj and P.W.4, was the mother.
Even on seeing that a 10 years old boy has embraced Manoj the assailants did number stop but companytinued to inflict knife and Danda blows even on the young boy of 10 years.
The State also preferred an Appeal against the acquittal under Sections 302 read with 149 and against the acquittal of other 6 persons.
After trial six persons were acquitted by the trial Court.
Hence this Appeal.
On the basis of this companyplaint an investigation was made by the police.
In the first information report he named Chaman as having first attacked along with certain unknown persons.
On hearing his cries his younger brother Sanjay rushed forward to protect him and embraced Manoj in order to save his life.
As Sanjay had died the charges were under Sections 302, 323, 325 read with 149 and Section 148 of the Indian Penal Code.
Eight accused were put up for trial.
A companyplaint was lodged by the father Shri Sidheswar Dwivedi.
The High Court has companyfirmed the finding of the trial Court that the prosecution had proved its case beyond a reasonable doubt as against Chaman and the Appellant.
All the sentences were directed to run companycurrently.
N. VARIAVA, J. This Appeal is against a Judgment dated 22nd November, 1994.
Briefly stated the facts are as follows On 11th June, 1978 one Manoj Kumar P.W.2 was returning to his home.
