In the test indentification parade held on the 24th of May, 1965 Mohan Lal and Pushpa Devi identified both of them.
Mohan Lal who tried to intervene was assaulted with a Gupti by Pashupati Singh and relieved of his wrist watch and rupees fifty or sixty, which he had.
The learned Judges thought that Pashupati Singh who was mounting guard on Mohan Lal would number have gone away from him and assaulted Ram Prasad Mandal and Rukmini Devi.
Appellant Pashupati Singh stood near Mohan Lal and Sutali Rai near Rukmini Devi.
Appeals by special leave from the judgment and order dated the 15th October, 1969 of the Patna High Court in Criminal Appeals Nos.
They companysidered that when the weapons were number produced and there was numberdescription of the weapons given it was difficult to hold that a particular injury was caused by the absconding accused while the other injuries were caused by the two appellants.
In due companyrse a charge sheet was laid against both of them with the result already mentioned.
P.W.10 handed over a written memo, Ext.2, to the Officer in charge Railway Police, on the basis of which the first information report was drawn up by P.W.12 at about 1.45 A.M. By this time Ram Prasad Mandal was dead and Rukmini Devi was in a serious companydition.
The Guard P.W.10 also came, there.
53 and 54 of 1970.
P. Singh, for the respondent in appeal 53/70 and appellants, in appeal 54/70 .
They were accompanied by their servant Mohan Lal.
S. Prasad, S.K. Sinha, B. B. Sinha and D. P. Mukerjea, for the appellant in appeal 53/70 and respondent in appeal 54/70 .
The miscreants thereafter pulled the chain and got out of the train.
Ram Prasad Mandal offered whatever he had but tried to catch the hand of the absconding accused.
He also informed Bhagalpur railway station.
At the next railway station Sabour the Assistant Station Master P.W.5 advised them to go to Bhagalpur as there would be delay in getting medical aid at Sabour.
All of them were sent to the hospital where Rukmini Devi died at 6 A.M. The appellant Sutali Rai surrendered on the 10th of May, 1965 while Pashupati Singh was arrested on the, 11th of May.
Thereupon all the three accused attacked Ram Prasad Mandal who fell down.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
They have also stated that in the test identification chart there is numbermention about specific assault by Sutali Rai on Rukmini Devi.
The Judgment of the Court was delivered by ALAGIRISWAMI, J. The two appellants in Crl.
150, 152 and 167 of 1969.
According to the prosecution evidence, the dagger injuries were given by the absconding accused while the two other injuries were given by the two appellants.
The train reached Bhagalpur at about 1.15 A.M. on 7 4 1965.
A. N. 54 of 1970, were tried before the Additional Sessions Judge of Bhagalpur for offences under ss.
302 and 394 of the Indian Penal Code and companyvicted by him for both the offences.
Rukmini Devi asked them number to assault and took out her churies from one hand and handed over to one of the accused.
Her necklace was snatched by one of the three accused and when she tried to pull the alarm chain all the three assaulted her with the weapons in their hands and she also fell down.
and their daughter Pushpa Devi were returning from Vellore, where the daughter under went treatment.
Calcutta to Bhagalpur by the Howrah Danapur Fast Passenger oil 6 4 1965.
P.W.1 .
The accused as well as the State of Bihar have appealed to this.
When the train stopped, Fireman Abdul Aziz P.W.8 came to the companypartment and found Pushpa crying and Ram Prasad Mandal and Rukmini Devi lying injured.
They were travelling from.
At Pirpainty railway station appellant Pashupati Singh entered their companypartment and when the train reached Ghogha railway station appellant Sutali Rai and another accused, number absconding, got into that companypartment.
After some time the absconding accused took out a Chura and asked Ram Prasad Mandal to give him whatever he had.
