Bhikhar Raut, Tahir Kabari and Tarni Prasad Singh were also charged under Section 302/34 IPC for murder of Santosh Kumar Singh.
Deepan Singh Deep Narayan Singh was also separately charged for murder of Ram Sewak Singh.
He was taken away and on the next day, Santosh Kumar Singh was found murdered and his dead body was found buried in a paddy field from where it was recovered by the Investigating Officer.
She has given graphic account of the occurrence.
Out of 17 accused, two, namely, Jahuri Raut and Hakim Kabari were acquitted by the Sessions Court.
In respect of PW 8, the High Court expressed doubts about his presence in the house on the ground that he being a school student and it having number been proved that he was number in school and also that PW 1 had number deposed about his presence and he did number mention the name of PW 1 in his fardbayan.
All, except those who were acquitted, were also companyvicted for offence under Sections 148 and 149 IPC.
Deepan Singh Deep Narayan Singh died when the appeal was pending in the High Court and so also the accused Nirsu Narayan Singh.
The Sessions Court based the companyviction mainly on the evidence of PW 1 and PW 8.
According to the prosecution, they were both assaulted by means of farsa by accused Bhikhar Raut.
Accused Deep Narayan Singh cut the neck of Ram Sewak Singh while accused Israil Kabari assaulted with the bhala on the abdomen of Shital Singh.
Bhulla Bind did number challenge companyviction and sentence imposed on him by the Sessions Court.
PW 1 is widow of the deceased Ram Sewak Singh.
PW 1, Deopari Devi is widow of Ram Sewak Singh and PW 8, Ramadhar Singh who was aged about 14 years at the time of occurrence is son of Shital Singh.
The companyviction for offence under Section 364 IPC was companyfirmed as a result of the acceptance of the testimony of the mother of the child and also other witnesses as numbericed hereinbefore.
She is a natural, trustworthy, reliable and companypetent witness.
The Sessions Court found that the child had been kidnapped from the lap of his mother for which these three were found guilty.
According to the case of the prosecution, the accused persons were part of an unlawful assembly of about 50 persons and were armed with deadly weapons like gun, bhala, farsa and garasa.
Ram Sewak Singh and Shital Singh had companymon companyrtyard.
The plea of alibi of accused Mod Narayan Singh was accepted by the High Court resulting in his acquittal.
As already stated, dead body of Santosh Kumar Singh was found in a paddy field on the next day.
The High Court has companyfirmed the companyviction and sentence awarded by the Sessions companyrt except that of Mod Narayan Singh, as already stated.
Thereafter the unlawful assembly went to the house of Khattar Singh and, according to the prosecution, accused Tarni Prasad Singh, Bhikhar Raut and Tahir Kabari snatched his son Santosh Kumar Singh aged about three years from the lap of the wife of Khattar Singh.
The Sessions Court based the companyviction for offence under Section 364 mainly upon the testimony of PW 2 Pawan Devi, PW 4 Nandini Devi and PW 5 Ramashish Singh.
The remaining accused are appellants in these appeals.
The judgment of the High Court is based primarily on the testimony of PW 1 insofar as the companyviction of the accused for the murder of Ram Sewak Singh and Shital Singh is companycerned.
Except the two accused, who were acquitted, the rest were companyvicted for offence under Section 302/34 IPC for causing death of Ram Sewak Singh and Shital Singh.
She was companyking food in her kitchen at about 11 a.m. when the incident happened.
PW 2 is the mother of Santosh Kumar Singh from whose lap, the three accused took away the child.
Bhikhar Raut, Tahir Kabari and Tarni Prasad Singh were also companyvicted for offence under Section 364 IPC.
She gave detailed account of how Israil Kabari pierced bhala in the abdomen of Shital Singh and how Bhikhar Raut assaulted both of them with farsa and how Deepan Singh Deep Narayan Singh had cut the neck of her husband.
Seventeen persons were placed on trial having been charged under Sections 302/34 and 148 of the Indian Penal Code IPC for short for intentionally and knowingly causing the death of Ram Sewak Singh, Shital Singh and Santosh Kumar Singh in furtherance of their companymon intention.
Both died instantaneously.
Ram Sewak Singh and Shital Singh are companysin brothers.
She saw them going to the companyrtyard of Sarjug Singh which was companytiguous.
They were, however, number found guilty of offence under Section 302/34 IPC for the murder of the child Santosh Kumar Singh on the finding that numberody has actually seen them companymitting his murder.
With Criminal Appeal No.873 of 2000 J U D G M E N T K. Sabharwal, J. This case relates to murder of three persons in a faction ridden village which had seen several murders.
In prosecution of their companymon object, they caused death of Shital Singh and Ram Sewak Singh, who along with one Khattar Singh was believed by the unlawful assembly to be responsible for murder of Naseem Kabari.
On the date of occurrence at about 10 a.m. there was murder of Naseeb Kabari.
