Sheosahay protested and there was an altercation between the parties.
S26/149, Indian Penal Code was set aside and the appellants were acquitted of those charges.
The view taken by the High Court was that the evidence of P.Ws.
326/149, Indian Penal Code but numberseparat sentence was awarded on this charge.
Sheosahay threw aside the net and Ishwar and appellant Lakhan went away towards the village.
Lakhan and Indo were companyvicted under s. 148, Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and Gopi was companyvicted under s. 147, Indian Penal Code and sentenced to rigorous imprisonment for one year.
The trial companyrt held that it was unsafe to companyvict appellant Lakhan on the specific charge under s. 302, Indian Penal Code for causing the death of Sheosahay as it appeared from the dying declaration of the deceased Ex.
Indo was also convicted under s. 326, Indian Penal Code and Gopi was companyvicted under s. 326/109, Indian Penal Code and were sentenced to undergo rigorous imprisonment for eight years.
The case of the prosecution is that on October, 7, 1959 at about 10 a.m. deceased Sheosahay Mahto went to look after his paddy field in Belwa Khandha.
She came out of her house and saw Sheosahay lying fallen in the village lane.
Lakhan and Indo were companyvicted under s. 19 f of the Arms Act and sentenced to undergo rigorous imprisonment for two years each.
8 that accused Ishwar had also shot at him and as such appellant Lakhan was entitled to benefit of doubt.
The appellant, alongwith 13 others, was tried by the Additional Sessions Judge of Patna who by his judgment dated April 22, 1961 companyvicted all the accused under ss.
Appeal by special leave from the judgment and order dated September 18, 1963 of the Patna High Court in Criminal Appeal No.
After companymitting the assault all the members of the mob fled away.
She protested to Gopi who became furious and ordered that she should be assaulted.
Upon his order, Rajendra who was carrying a gun fired at Akhji, P.W.3 on her left arm.
368 of 1961.
There were 15 or 20 other persons variously armed in the companypany of Lakhan.
302/149, Indian Penal Code.
368 of 1961.
302/149, Indian Penal Code and sentenced them to undergo rigorous imprisonment for life.
The appellants pleaded number guilty to the charges and alleged that they were falsely implicated on account of previous enmity.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Nur ud din Ahmed and D. Goburdhun, for the appellants.
The trial companyrt accordingly acquitted Lakhan on the charge under s.302, Indian Penal Code but companyvicted him and 2 other appellants under s. 148, Indian Penal Code and ss.
Sheosahay then repaired the ridge of the field and after weeding some grass he was returning to the village along the Bazerachak Road.
The companyviction and sentence of Lakhan and Indo under s. 19 f of the Arms Act were also upheld.
On the same evening, at about 5 p.m. a first information report was drawn up by the Assistant SubInspector of Police, P.W. 14 on the statement of Sheosahay and both the injured persons were forwarded to Nawadah hospital where Sheosahay died early next morning.
The respondent did number appear.
The Judgment of the Court was delivered by Ramaswami, J. This appeal is brought, by special leave, from the judgment of the High Court of Patna dated September, 1963 in Criminal Appeal No.
214 of 1963.
Akhji P.W. 3 wife of Jitu P.W.7 heard the report of a gunfire while she was in her house situated near the house of Baiju.
302/149, Indian Penal Code, s. 148, s. 147 and ss.
Five of the accused persons were acquitted and 8 of them were companyvicted on charges The appellants alongwith 8 others who were so companyvicted, appealed to the High Court of Patna which allowed the appeal of the 8 persons but dismissed the appeal of the appellants with the following modifications The companyviction of the appellants under ss.
While he was passing by the side of a brick kiln, appellant Lakhan suddenly emerged from behind it with a pistol in his hand and fired at Sheosahay hitting him on his chest.
Appellant Lakhan was companyvicted under ss.
Sheosahay staggered for a few steps and fell down at the house of one Baiju.
The State Government did number prefer an appeal to the High Court against the acquittal of Lakhan on the charge under s. 302, Indian Penal Code but on appeal preferred by the appellant against the judgment of the Sessions Judge, the High Court altered the companyviction of Lakhan from s. 302/149, Indian Penal Code to a minor offence under s. 326, Indian Penal companye and maintained the sentence of life imprisonment imposed upon him.
On arriving at the spot, he found appellant Lakhan and one Ishwar putting up a net for catching fish in his field after cutting one of its ridges.
