Stating the aforesaid facts, fard beyan of Sankeshiya Devi was recorded by the police at the place of occurrence itself on the very same day at 11.00 a.m. on the basis of which formal first information report was drawn up.
The defence, however, examined three witnesses.
Appellant No.2 Tokha Chamar assaulted Dharam Chamar in the abdomen with bhala.
During trial the prosecution examined twelve witnesses.
Ram Patia Devi made a protest whereupon appellant No.
However, the sentences were ordered to run companycurrently.
Each of them was further companyvicted under Section 148 of the Penal Code and sentenced to undergo rigorous imprisonment for one year.
Appellant No.
The police took up investigation and on companypletion thereof submitted charge sheet, on receipt whereof companynizance was taken and all the seven accused persons including the appellants were companymitted to the companyrt of Sessions to face trial.
They were further companyvicted under Sections 148 and 323 of the Penal Code and sentenced to undergo rigorous imprisonment for one year and six months respectively.
Accused Rajbali Chamar and Swaminath Chamar hurled brickbats upon Karam Chamar PW 2 .
Doma Chamar appellant No.
2 Tokha Chamar under section 302 has been companyverted into one under Sections 302/149 of the Penal Code.
Accused Ram Hoshiar Chamar gave lathi blow to Ramu.
Upon companyclusion of trial, the learned Sessions Judge, while acquitting the three accused persons referred to above of the charge under Section 302/149 of the Penal Code, companyvicted the appellants as stated above.
Accused Swaminath Chamar, Rajbali Chamar and Ram Hoshiar Chamar, who were charged under Sections 302/149 of the Penal Code, were acquitted of the said charges by the trial companyrt.
Appellant No.
Hence, this appeal by special leave.
1 Dhupa Chamar gave a bhala blow on the left side of her neck and the same was pulled out forcibly from the neck as a result of which she fell down and died instantaneously.
4 were companyvicted under Sections 302/149 of the Penal Code and sentenced to undergo imprisonment for life .
The investigating officer was examined as companyrt witness No.
2 were companyvicted by the trial companyrt under Section 302 of the Penal Code and sentenced to undergo imprisonment for life.
PWs 1 to 7 besides the informant PW 11 claimed to be the eye witnesses to the occurrence, PWs 8 and 10 are formal witnesses, PW 9 was tendered and PW 12 has proved the medical evidence as the doctor, who held postmortem examination, was reported to have died.
On appeal being preferred, the companyvictions and sentences have been upheld by the High Court with this modification only that companyviction of appellant No.
4 Adalat Chamar inflicted bhala injury to Sharda Devi PW 6 .
3 Doma Chamar gave bhala blow in the abdomen of the informant when she protested against the action of the accused persons as a result of which she fell down and thereupon injured Dharam Chamar and Sharda Devi PW 6 were taken to the hospital where Dharam Chamar was declared as brought dead.
3 and Adalat Chamar appellant No.
N.AGRAWAL, J. Dhupa Chamar appellant No.
1 and Tokha Chamar appellant No.
The accused persons pleaded that they were innocent and numberoccurrence much less the occurrence alleged had taken place.
