2004 Supp 3 SCR 344 The following Order of the Court was delivered The sole appellant was tried along with six other accused and the appellant and one another were found guilty by the Sessions Court for the offence for murder punishable under Sections 302/34 IPC.
PW 1, the father of the deceased deposed that when his son was cutting banana leaves, the accused came there and picked up a quarrel with him and he saw the present appellant thrusting the spear on the abdomen of this son.
Deceased Baijnath Singh son of PW 1 Lal Deo Singh was engaged in cutting leaves of banana.
The accused persons asked Baijnath why be was putting banana leaves near the house of the accused.
PWs l, 2, 3 and 8 are the eye witnesses.
PW 2, brother of PW 1 also came to the place of incident and saw the appellant causing injury to the deceased.
The injured Baijnath was taken to the hospital where he succumbed to the injuries.
In the Sessions Court, 16 witnesses were examined.
PW 1 later gave information to the police and the case was registered against the accused.
PW 2 also was attacked by one of the accused.
The further case of the prosecution is that the present appellant thrust the spear in the abdomen of the deceased Baijnath Singh.
Meanwhile, PW 1, PW 2 and others came to the scene of occurrence.
The incident happened on 17.11.1974.
The case of the prosecution is that the appellant along with other companyaccused cmee to the place of incident and the present appellant was armed with spear.
The deceased gave some reply.
