When Sheo Singh P.W. 3 and Shankar Singh deceased and Gorakh Singh P.W. 7 began to separate Sheonandan Singh appellant Harbans Singh inflicted a cut injury on Shankar Singh with his pharsa on the left side of his neck and also a cut injury on his chest.
The High Court relied on the oral evidence and the dying declaration of Sheonandan Singh, deceased.
P.W. 4 was also assaulted by appellants Shital.
3 Appellant No.
Then the accused persons dragged Sheonandan Singh to the dalan of Shital Singh.
1 injured Bachulal Singh Harbans Singh Appellant No.
There I found two small pieces of bone also.
The said blood was found up to the dalan.
Appellant Shital Singh was armed with Bhala.
I found sufficient blood on the ground surface inside the room.
Rajeshwari Debi P.W. 4 also went to that dalan and asked the accused persons to spare the life of Sheonandan Singh.
But they did number listen to her requests and all of them assaulted Sheonandan Singh again on the dalan.
I refused to vacate.
4 P.W. 4 Appellant No.
I found marks of blood stained fingers at a height of 4 feet and 7 inches in the eastern and of the southern wall near the door leaves.
On the place where blood had fallen, I found a janaw sacred thread with two keys bearing No.
The height of the well was 1 foot 10 inches.
appellants Bachulal Singh and Harbans Singh were armed with Pharsas and appellant Bindeshwari Singh was armed with a lathi.
Then appellant Shital Singh went to his dalan and returned with the accused persons along with him.
I went to the Police Station on a tyre cart.
After that they said Assault and take possession of the Dalan.
Appellant Bindeshwari Singh caught hold of Sheonandan Singh when appellant Harbans Singh again assaulted him with the Pas socket of his pharsa on his head.
I found blood on a pair of Kharson sandals also.
The appellant also assaulted P.W. 2 with their respective weapons On hearing hulla villagers including Kali Charan Singh P.W. 5 and others came to the place of occurrence and saw the occurrence.
The case of the prosecution is as follows At 4.30 P. M. on June 2, 1964, while Sheonandan Singh deceased was sitting at his darwaza in village Moberakpur, Police Station Marhaura, District Saran, along with his brother Sheo Singh P.W. 3 and son Shankar Singh deceased and was talking with his companysin, appellant Shital Singh, regarding his share to the numberth of the well situated in the Saran, the talk took a serious turn and there was exchange of hot words.
Appellant Harbans Singh , assaulted him with his pharsa, appellant Bachulal Singh assaulted him with his pharsa and appellant Bindeshwari Singh assaulted him with his lathi.
Harbans Singh and Bindeshwari Singh with their respective weapons.
Appellant Shital Singh assaulted P.W. 3 with his bhala.
Shital Singh assaulted Sheonandan Singh with his Bhala in his abdomen, as a result of which his intestines came out.
It was like sprinkles of blood.
I found blood sticking to the door leaves fitted to the south facing darwaza of the middle room.
As soon as they came, they asked me whether I would vacate the house or number.
I found marks of fingers with blood on the wall at a distance of 7 feet towards south east of his darwaza.
I ran away from the Dalan Shankar hurled bhala at me.
2 The case of the prosecution has been accepted by the High Court and the learned Additional Sessions Judge, and as there are companycurrent findings we do number ordinarily interfere with such findings.
Appellant Bachulal Singh assaulted Sheonandan Singh with his Pharsa on his hands.
The relationship between the deceased and the appellants and some of the witnesses is shown in the following pedigree table RIHAL SINGH Baldeo Singh Narihar Singh Mathura Singh Surajdeo Singh Sheo Singh P.W. 3 Sheonandan Singh injured deceased Shankar Singh deceased Gorakh Singh Bindeshwari Singh Rajeshwari Debi Shital Singh P.W. 2 Appellant No.
M. Sikri, J. This appeal by special leave is directed against the judgment of the High Court of Judicature at Patna dismissing the appeal of the appellants before us.
I found sprinkles of blood on the southern wall and I found marks of blood stained palm and fingers also.
44579.
Bachulal Singh.
I found one white kurta stained with blood, which companytained a numberice from the S. D. Os Court in a case State v. Sheo Singh.
Appellant Harbans Singh assaulted him with his pharsa on Ms right elbow.
