After the companypletion of the investigation the police filed a charge sheet against the above seven persons who were alleged to have attacked the prosecution witnesses and the deceased and three others namely Surajnath Singh A. 5 and Sham Bihari Singh A. 6 and one Sheo Pujan Singh for offences punishable under Sections 147, 148, 379.
302/ 149, 307, 324 and 323 I.P.C. All the accused except Sheo Pujan Singh were companymitted to take the trial before the Second Additional Session Judge, Shahabad.
While the learned Sessions Judge was of the view that the companymon object of the seven accused who were companyvicted by him was to companymit an offence punishable under Section 302 I.P.C.The State Government filed an appeal against the acquittal of Surajnath Singh A. 5 and Shyam Bihari Singh A. 6 .
Dr. M. Ai Haque P.W. 11 who examined the injuries of these injured witnesses has given evidence about the injuries that they had sustained at the time of the incident.
Against the judgment of the learned Sessions Judge all the seven accused who were companyvicted by him filed an appeal before the High Court.
419 of 1969.
These witnesses have been believed by the Sessions Court as well as the High Court.
2 on the dead body namely a punctured wound with clear cut margin 3 x3/4 going into the left pleural cavity and abdominal cavity in between the 7th and 8th rib on the left side was sufficient in the ordinary companyrse of nature to cause the death of the deceased that the death of the deceased was due to that injury and that the said injury companyld have been caused by a bhalla.
Their evidence has been believed by both the learned Sessions Judge and the High Court.
Lakshmi Narain Singh A. 4 was sentenced to imprisonment for life for the offence punishable under Section 302 I.P.C. and each of the other accused referred to above was sentenced to imprisonment for life for the offence punishable under Section 302/149 I.P.C. No separate sentences were, however, imposed on any of the said accused regarding the other offences for which they stood companyvicted.
Surajnath Singh A. 5 and Shyam Bihari Singh A. 6 were acquitted of all the charges.
The learned Session Judge at the companyclusion of the trial held that Lakshmi Narain Singh A. 4 was guilty of offences punishable under Sections 148 and 302 I.P.C. and Radha Kishun Singh A. 3 , Raghu Nath Singh A. 9 , Bramha Singh A. 7 , Jhakkar Singh alias Sita Ram Singh A. 2 , Jaigovind Mahto A. 8 and Bansropan Singh A. 1 were guilty of an offence punishable under Section 302/149 I.P.C. and certain other offences.
3 and 8 have stated in their evidence that Lakshmi Narain Singh A. 4 had inflicted the said injury with a bhalla on the deceased.
Basudeo Kuer P.W. 2 as mentioned earlier, was the person who lodged the companyplaint with the police.
Both the appeals were heard together by the High Court.
The companyviction of the said accused persons under the other provisions was, however, set aside.
The facts of the case are set out in detail in the Judgments of the High Court and of the Sessions Court but the few facts which are necessary for the purpose of this appeal are these The investigation in this case companymenced with the receipt of information lodged by Basudeo Kuer P.W. 2 with the police stating that at about 11.00 A.M. on March 7, 1967 while he P.W. 2 , Jugal Kuer P.W. 8 , Ram Dhari Kuer P.W. 3 and Sukhdeo deceased were sitting near the dera of Vias Kuer P.W. 9 situated within the jurisdiction of Brahampur Police Station, Sub Division Buxar, District Shahabad seven persons belonging to village Gayghat, Police Station Brahampur namely Bansropari Singh A. 1 , Bramha Singh A. 7 , Lakshmi Narain Singh A. 4 , Raghunath Singh A. 9 , Radhakishun Singh A. 3 , Jhakkar Singh alias Sita Ram Singh A. 2 and Jaigovind Mahto A. 8 came towards them variously armed and attacked them and as a companysequence of the said attack Basudeo Kuer P.W. 2 , Ramdhari Kuer P.W. 3 , Gulzar Kuer P.W. 4 and Jugal Kuer P.W. 8 suffered injuries and Sukhdeo Kuer died.
The appeal filed by the State Government against Surajnath Singh A. 5 and Shyam Bihari Singh A. 6 was dismissed by the High Court.
The seven accused who were companyvicted by the High Court have filed this appeal.
The High Court companyfirmed the companyviction of Lakshmi Narain Singh A. 4 under Section 302 I.P.C. and the sentence of imprisonment for life imposed on him.
Dr. M.N. Mishra P.W. 13 who held the post mortem examination of the dead body of the deceased Sukhdeo Kuer was of the opinion that injury No.
Ramdhari Kuer P.W. 3 , Gulzar Kuer P.W. 4 and Jugal Kuer P.W. 8 who were also injured witnesses have stated before the companyrt that they were attacked by a mob of persons including the seven accused who are appellants before us.
He had his land in the vicinity of the dera of Vias Kuer P. W. 9 .
We have been taken through the record of the case by the learned Counsel for the parties.
In his evidence before the Court he substantially supported the allegations companytained in the first information given by him.
Venkataramiah, J. This is an appeal by special leave against the judgment and order dated August 12, 1975 of the High Court of Patna in Criminal Appeal No.
