Shiv Charan the deceased a brother of Mangat Singh, demanded ticket from Rohtas heabusedhis saying hawcould he dare to ask for ticket fromhim.
In his examination under Section313 Cr.
On that information acase was registered andSub Inspector Yogender PalSingh P.W.8 took up investigation.
P.C. Ram Mehar stated that on April 22,1981 at or about 10 A.M. while hewas working in his field, Rajinder, a nephew of SitaRam.
Insupport of its case the prosecution examinednine witnesses of whom Sita P.W.1 , Mangat Singh P.W.2 and Balbir Singh P.W.6 figured as eye witnesses.
The trial ended in companyviction ofRohtas under Section302 and307/34 IPC and acquittal of theother three.
A few minutes later Rohtassame back with Ram Mehar and three others since acquitted .
Tothis Mangat retorted and then Rohtas left the placein a huff.
After the witnesses and the accused were examined thetrial Judge inspected the site ofincident and prepared an inspection numbere which is on record.
The two brothers thenraised alarm and some villagers reached the spot.
As theappeal filed them against their companyvictions was dismissed by the HighCourt the appellants have preferred this appeal after obtaining special leave.
Therehe prepared a site plan and took possession of a dhoti andkurta of Mangatwhich were blood stained.
On companypletion of investigation the police submitted charge sheet and, in due companyrse, the case was companymitted to the Court of Session.
The other witnesses were Dr.TilakRaj Sharma P.W.3 , whoheld autopsy on thedead body of Shiv Charan.
Besides, the defence exhibited the first information report lodged at its instance.
The appellants pleaded number guilty tothe charges Levelled against them and companytended that they hadbeen falselyimplicated outof enmity.
On April 22,1981 at or about 1.45 P.M when apassenger train camefrom Shahdara and stopped at the station Rohtas, who is a Sepoy in Railway Protection Force, detrained in mufti.
Briefly stated theprosecution case is as under Inthe year 1981 Mangat Singh P.W.2 wasthe agent of Northern Railways for Fakharpur Halt Railway Station and he wasauthorised to sell railway tickets to passengers alighting there and companylect station and check passengers alighting thereand companylect their tickets.
The other accused assaulted them with their lathis.
The defence in its turn examined two witnesses, namely, namely, Horam Singh W.1 and Mahinder Narain Sharma D.W.2 to prove the alibisof Rohtas and Pratap Singh since acquitted respectively.
He also companylectedsome blood stained earth fromthe spot.
He then recorded the statement of Mangat Singh and thereafter left for Fakharpur Railway Station.
While both theappellants were armed with ballams spears the others had lathis with them.
In the afternoon when he was on his way back to the field after railwaygate Sita Ram, Mangat, Shiv Charan and Rajinder attacked him with it.
In the meantime, the accusedpersonsfled away.
He first went to the Governmenthospital and held inquest on the dead body of Shiv Charan.
Sita Ram P.W.1 ,another brother of Mangat andShiv Charan,then took the two injured to the hospital but on the way Shiv Charan succumbed to his injuries.
JU D G ME N T K. Mukherjee.
Dr. Arun Kumar Saxena W.9 , who examined Mangat and appellant Ram Mehar Yogendra Pal Sharma P.W.8 andShahbuddin Chaudhary P.W.9 and Hari Singh P.W.5 two formal witnesses.
trespassed there and released his cattle.
Sita Ramthen went to KhekraPolice Station and lodged a report about the incident.
Theplea of the other appellant, namely, Rohtas wasthat at the time of the incident he was at Safdar jung Hospital, New Delhi for gettingmedicaltreatment.
Rohtasstruck a blow on the right arm of Mangat andRam Mehar on the right of stomach of Shiv Charan with their respective ballams as a companysequence whereofthe latter fell down.
J. Rohtas and his father Ram Mehar, the two appellants before us, andthree others were placed on trial before the 3rd AdditionalSessions Judge, Meerut to answer companymon chargesunder Sections 148, 302/149 and307/149IPC.
Ram Mehar also gave a written statement to the above effect.
Accordingly heconvicted the two appellants in the manner mentioned earlier but giving the other three accused the benefit of doubt acquitted them.
He RamMehar abusedand slapped Rajinder and removed him and his cattle from his field.
Against Ram Mehar an alternative charge under Section 302 IPC was also framed.
