The Trial Court discarded the evidence of PW 6, Dular Chand Rai being inimical.
However, the sentences were to run companycurrently.
When she tried to rescue him then Bhanu Singh and Ved Prakash Singh assaulted her by lathis.
PW 1, Hira Lal Rai son of PW 6 PW 2, Radha Kumari, aged 14 years, daughter of deceased PW 3 Mira Kumari, aged 8 years tendered daughter of deceased PW 4, Rajpati Devi, wife of the deceased PW 6, Dularchand Rai PW 8, Kabutari Devi PW 9, Arjun Kumar Singh, aged 12 years, nephew of deceased PW 10 Lal Mohar Rai S o Dularchand Rai and PW 11, Hira Lal Singh were produced as the eye witnesses.
It was reported by her that in the morning her husband Indradeo Singh had gone to field for easing out.
In the opinion of Dr. Suresh Prasad, PW 5, the death was due to shock and haemorrhages.
1 and 11 were the cause of the death.
1 and his two sons Ved Prakash Singh, appellant No.
In all the deceased received 11 injuries out of them injury No.
The time elapsed between the death and the postmortem was 12 hours.
He had a chura as well in his hand.
The first informant is the Rajpati Devi, PW 4, wife of the deceased and first information report was recorded by S.I. Gopal Prasad, Investigating Officer, of P.S. Kopa, Distt.
The accused persons did number allow anybody to go near the dead body of Indradeo Singh.
Bhanu Singh and Ved Prakash started assaulting the deceased and their father Ramji Singh kept on shouting Jo Hoga Dekh lenge whatever happens we will see.
As many as 12 injuries were found on the deceased.
Instead they caused injuries to Rajpati Devi, PW 4, as well.
It was further stated by her that all the three accused persons together murdered her husband.
After the death all three persons fled away but before fleeing they washed the blood which had fallen on the earth.
Injury number.
The trial companyrt relied upon the testimony of PW 4, Kabutari Devi PW 9, Arjun Singh and PW 11, Hira Lal Singh.
2 and Bhanu Singh.
Testimony of PW 2, Radha Kumari, daughter of deceased was also discarded, as her presence at the time of occurrence was doubtful.
According to Doctor these two injuries were sufficient in the ordinary companyrse of nature to cause death.
Aggrieved by the judgment and order of the High Court the two accused persons, namely, Ramji Singh and Ved Prakash Singh have filed the instant appeal.
The accused persons were arrested and put to trial.
Relying upon the testimony of the three eye witnesses the trial companyrt companyvicted all the three accused persons under Section 302, IPC for the murder of Indradeo Singh.
The prosecutions case rests on the oculary testimony of eye witnesses and the medical evidences.
Medical evidence companysisted of PW 5, Doctor Suresh Prasad and PW 7, Doctor Nawal Kishore Prasad Seh.
The motive for murder was stated to be some earlier family dispute.
The testimony of his two sons, namely, Hira Lal Rai, PW 1 and Lal Mohan Rai, PW 10 was also discarded as they were sons of Dular Chand Rai, PW 6, who was inimical towards the accused.
The suggestion was denied by Rajpati Devi, PW 4.
The investigating officer was number produced.
The occurrence were witnessed by Dular Chand Rai, PW 6, Hira Lal Singh, PW 11 and Kabutari Devi, PW 8.
On dissection there was fracture tissue and haemotoma.
Bhanu Singh and Ved Prakash were separately companyvicted under sections 323 and 324 respectively for causing hurt to Rajpati Devi.
Other nine injuries were simple some of which were on number vital parts.
Ved Prakash Singh was further sentenced to one year R.I. and three years R.I. under Sections 323 and 324 IPC respectively and Bhanu Singh was further sentenced to one year R.I. under Section 323 IPC.
Lacerated wound 1 x bone deep over left side of forehead with surrounding swelling and under lying clinical fracture.
Her husband died on the spot.
It was suggested that Rajpati Devi, PW 4, informed the Police on 1st June, 1985 that Inderdeo was caught while doing bad act in field at which place he was assaulted.
No specific defence was taken but from the trend of cross examination the defence seems to be that the accused were innocent and they were falsely implicated.
Incident took place on 28th September, 1983 at 7.00 A.M. near the place of Bachcha Pandey towards the west of house of the deceased.
Testimony of PW 3, Mira Kumari, the other daughter of deceased, was also discarded as she was a tendered witness.
They denied their involvement in the crime.
The Doctor also proved the postmortem report marked Ex.
It was stated that she did number know about any such fact.
P1 which indicates in companyumns 21, 22 and 23 that the stomach was empty and that the small intestines and large intestines companytained gas and faeces.
All the three accused persons were brandishing lathies.
I and injury number IX reproduced below were found to be grievous.
PW 12 is the formal witness who proved police case diary, inquest report and FIR.
PW 7, Dr. Nawal Kishore Prasad, had examined PW 4, Rajpati Devi, she had number of injuries but numbere of them were grievous.
Saran at her house on the same day at 10.00 A.M The companycerned Police Station is at Kopa which is at the distance of 5 to 6 Kms from the place where the occurrence took place.
While she was brooming her house, she heard the shouts of her daughter, hearing which, she came out of her house and saw that towards the West, in front of door of Bachcha Pandy, Bhanu Singh and Ramji Singh had caught hold of waist of her husband and threw him down and began to assault him with lathis.
Bhanu Singh, the third accused has number preferred the appeal.
Against their companyviction and sentence all the three accused filed the appeal before the High Court at Patna.
Ved Prakash Singh also brought a lathi.
When deceased asked for water rather then giving the water they shouted they would kill him.ASHOK BHAN, J. Unresolved dispute over property led to the murder of Indradeo Singh at the hands of his brother Ramji Singh, appellant No.
