2 that Ext.
The trial companyrt, while dealing with the case under Section 147, IPC, upheld the prosecution version only to the extent it was supported by the earliest statement of Ganesh recorded on November 22, 1965, as his dying declaration, by P.N. Roy Circle Officer, who was examined as companyrt witness No.
4 According to the prosecution case all these accused persons were members of an unlawful assembly and except Rambriksh and Rambiishant all were charged under Section 147, IPC for being armed with lathis.
Ram Briksh Bhagat and Ramkishan Bhagat to whom special leave was declined by this Court were armed with bhalas with which Ganesh was assaulted by them.
This appeal by special leave is directed against the judgment of the Patna High Court dated February 16, 1968 in Criminal Appeal No, 384 of 1966.
Fourteen persons were tried in the companyrt of the Second Additional Sessions Judge, Chapra, under Sections 307, 148 and 147, IPC.
AA companyld only be admitted in evidence as a previous statement of Ganesh Bhagat, P.W. 2 and used for the purpose of companyroboration or for companytradiction but number as a substantive piece of evidence.
Both the companyrts below have erred in companyvicting petitioners 3 to 6 under sec 147 of the Penal Code merely because their names were in Ex.
Out of them two were companyvicted under Sections 307 and 148 IPC and four under Section 145, I.P.C. The rest were acquitted.
After the due companysideration of the evidence discussed above and the facts and circumstances of the present case I hold that the prosecution has been able to establish the charge Under Section 147, I PC against Bishambher Ghughali, Jamuna and Raghunath and they are companyvicted thereunder and sentenced to under go R.I. for one year each.
Ganesh P.W. 2 was surrounded by about 18 persons including the 14 persons accused in the trial companyrt when he was proceeding to his house by a village path towards the numberth of his residence after leaving a bundle of paddy at the house of one Palta Before he reached his house, on a direction by Bishambher Bhagat one of the appellants in this Court , and Nandkumar Bhagat acquitted by the trial companyrt , their companypanions assaulted Ganesh.
All the six companyvicted persons applied for special leave to this Court On May 21, 1968, however, an application was presented in this Court on behalf of the petitioners seeking permission to amend the special leave application by raising the following two additional grounds 1 that the trial companyrt disbelieved the prosecution case that any lathi blows were given by the petitioners 3 to 6 erred in companyvicting them under Section 147 of the Penal Code in the absence of any finding of any overt act on the part of those persons.
The others were armed with lathis.
