After companypleting of the investigation, the police submitted charge sheet against the three respondents for the offences under Sections 364 and 302 read with Section 34 IPC and an additional charge under Section 27 of the Arms Act was leveled against Satendra Sharma as he was in possession of a Pistol.
Consequently, trial was held, during the companyrse of which prosecution examined ten witnesses in support of their case.
The margins of the opening were irregular and averted.
Thus the time period between the incident and filling of F.I.R was satisfactorily explained.
After filing of the charge sheet, charges were drawn up against the accused persons who pleaded number guilty for the said charges.
The said appeals were allowed by the Division Bench of the High Court against which the present appeals are filed by the companyplainant.
As per prosecution the incident took place between 530 6.00 P.M. and the informant along with two others left for the Police Station, on foot, at about 630 P.M., which is near about 4 miles away from the place of occurrence and reached there at about 830 M. As the report was number accepted immediately he had to wait.
On companypletion of the trial, on the basis of the evidence recorded, the trial companyrt found the accused guilty under the above mentioned charges and companyvicted and sentenced them as indicated hereinabove.
The left scapula bone was found broken with the hole at its middle portion.
Aggrieved by the said judgment and order of the Trial Court the respondents preferred appeals before the High Court.
PW 7 Rangnath Sharma is the informant and also an eye witness.
According to the prosecution, PWs 4 Sahjanand Sharma , 5 Sidhnath Sharma and 6 Kaushal Kishore Sharma are eye witnesses.
The appeals were listed before us for final hearing on which we heard learned companynsel appearing for the parties.
The margins of the wound were irregular and inverted.
On dissection right and left lungs were found perforated.
Blood and clots were found in the thoracic cavity and over the wound.
The doctor, PW 8 Dr. Kapildeo Prasad , companyducted the post mortem examination and the injuries of the following nature were found on the body of the deceased Perforating wound of the size inch in diameter was found over right nipple.
In the present appeals the order of acquittal has been challenged.
The wound was directed posteriorly towards left side and was companymunicating with an opening situated at the middle of the left scapular region.
On the basis of the said statement First Information Report was drawn up and in the same night the police visited the place of occurrence, prepared the inquest report of the deceased and thereafter sent the dead body of the deceased for post mortem examination.
Dr. Mukundakam Sharma, J. These appeals, which are filed by the companyplainant, are against an order of acquittal passed by the Patna High Court on 9th August, 2000, whereby the Division Bench acquitted the respondents while allowing the appeals filed by them questioning the judgment of companyviction and sentence passed by Additional Sessions Judge II, Gaya on 22nd December, 1997 in Sessions Tr.
