There after Harendra struck Shashi Mohan on Ms head and other parts of as body with the iron rod.
The four reasons given by the learned Sessions Judge were of a flimsy nature.
He did number attribute the right index finger injury as having been caused by either of the two.
Appeal by Special Leave from the Judgment and Order dated the 24 11 1971 of the Assam and Nagaland High Court at Gauhati in Criminal Appeal No.
In a case of this nature before an adverse inference is drawn against the prosecution for its alleged suppression or failure to explain the injuries on the person of an accused, it must be reasonably shown that, in all probability, the injuries were caused to him in the same occurrence or as a part of the same transaction in which the victims on the side of the prosecution were injured.
The High Court set aside the order of acquittal, companyvicted all the three appellants for the offence of murder of Shashi Mohan with the aid of section 34 and sentenced each of them to impri sonment for life.
The Trial Judge gave them the benefit of doubt and acquitted them.
Bhaba Nanda caught hold of both the hands of Shashi Mohan from behind.
Bhaba Nanda caught hold of Gopi Nath also Harendra assaulted him with the iron rod causing injuries.
Hence this appeal.
Gopi Nath was going with some cattle to tether them in the field.
This is number thelaw.
Shashi Mohan was taken to the hospital where he died at about 3.00 A.M. on the 11th of November, 1967 as a result of severe injuries caused to him by Phanidhar and Harendra.
After charge sheet by the police and companymittal by the Magistrate, the appellants were tried in the Sessions Court for charges under section 302 read with section 34 and section 323 read with section 34 of the Indian Penal Code.
When they proceeded to some distance Shashi Mohan was chased by the three appellants, appellant Bhaba Nanda Sarma who was aged about 20 years at the time of the occur rence was armed with a lathi, appellant Phanidhar Sarma had a dolibari a wooden hammer with along handle and appellant Harendra Nath Sarma carried an iron rod in his hand.
One of the five reasons was that the P.Ws did number state about the injuries of Bhaba Nanda and they were number explained by the prosecution.
It did number justify the entertaining of any doubt in regard to the prosecution story on the basis of these reasons.
It all depends upon the facts and circumstances of each casewhether the prosecution case becomes reasonably doubtful for its failure to explain the injuries on the accused.
The eye witnesses of the occurrence were P.W. 2 Gopi Nath Sarma P.W. 3 Danesh Ali P.W. 4 Nur Mohammad and P.W. 6 Kurpan Ali.
Phanidhar then gave him the blow on the head, as already stated, with the dolibari.
The prosecution case was that Shashi Mohan Sarma, a person who lost his life as a result of the assault on him, in the companypany of his elder brother Gopi Nath Sarma, P.W. 2, was proceeding to his field with some mustard seeds in a basket.
The injuries inflicted on Gopi Nath were all simple in nature.
Gopi Nath tried to intervene.
Harendra gave further blows on his head and other parts of his body after Shashi fell down.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Thereupon, Phanidhar gave him a blow on his head with the dolibari.
20 of 1968.
The State of Assam filed an appeal in the High Court of Gauhati.
Their companyviction under section 323 read with section 34 was also recorded by the High Court but numberseparate sentence was imposed.
N. Choudhary for the Respondent.
On the 10th of November, 1967 at about 7.00 A. M. an occurrence took place in a village near Barpeta in Assam.
155 of 1972.
Shashi Mohan fell down.
The prosecution is number obliged to explain the injuries oil the personof an accused in all cases and in all circumstances.
Shashi Mohan ran towards his brother Gopi Nath raising alarm.
K. Nandy for the Appellants.
The Judgment of the Court was delivered by UNTWALIA, J. This is an appeal under section 2 a of the Supreme Court ,Enlargement of Criminal Appellate Jurisdiction Act, 1970 by three persons who are brothers.
They all chased Shashi Mohan.
