Similarly, Rangnath Singh PW 4 was assaulted by Lakshman Ahir.
That was a day on which the Satuwan festival was being celebrated.
Their companyvictions have been challenged before us in these appeals.
On alarm being raised, Karu Kurmi PW 3 Sheo Bilash Singh PW 5 and some others arrived at the spot and witness the occurrence.
That case was also investigated and the accused in that case which included some of the members of the prosecution party in this case were put up for trial in Sessions Case No.449/77.
The appellants took up various defences.
Some of them stated that they have been falsely implicated due to enmity while others companytended that this case was a companynter blast to Arrah Munfassil P.S.case No.11 registered on the same day which arose out of an incident which took place earlier in the morning at 6.00 A.M. It was alleged that Tribeni and Ramshish Ahir appellants were guarding their harvested bundles of gram and wheat which had been kept in their khalihan.
The assailants fled away.
It is number disputed that that case ultimately resulted in an acquittal.
So far as the instant case is companycerned, 7 eye witnesses were examined by the prosecution and they are PWS 1,2,3,4,5,6 7.
513 515 of 1986.
Large number of persons had companye to the Ghat for a holy dip in river Ganges.
The companyrts below have found that the evidence of the prosecution witnesses, some of them injured witnesses, is worthy of credence and can be relied upon for companyvicting the appellants.
The case was investigated and ultimately the appellants were put up for trial.
The injured including the deceased were first brought to Salempur Chatti and thereafter to the sadar hospital at Arrah.
The occurrence giving rise to the instant appeals took place later at 8.00 A.M. There were, therefore, two occurrences which took place on the same day.
The appellants were tried by the Second Additional Sessions Judge, Arrah in Sessions Trial No.69/77.
Out of them, three have since died namely, Tribeni Ahir, Ramshish Ahir and Surajdev Dubey.
In the subsequent occurrence, Jagarnath Singh lost his life and 4 others were injured.
Surajdeo Dubey since deceased exhorted them to assault whereafter Tribeni Ahir, Dhorha Ahir, Nand Kumar Ahir and Yogeshwar Ahir inflicted barchha injuries on the deceased Jagarnath Singh who after receiving injuries on his chest and on his fore head fell down and died.
The first information report lodged by Ramta Singh PW 7 was recorded by Sub Inspector R.B. Singh since dead at the Arrah Mufassil police station at 11.00 A.M. on the same day.
By judgment and order dated 30th September, 1986 the trial companyrt found them guilty and companyvicted them of the offences with which they were charged and sentenced them to various terms of imprisonment.
WITH CRL.A.Nos.529, 530 and 531 of 2000 P.Singh,J. This batch of appeals by special leave arises out of a companymon judgment and order of the High Court of judicature at Patna dated 25th February, 1999 in Criminal Appeal Nos.
The case of the prosecution is that all those 12 persons were armed with barchhas.
The case of the prosecution is that at about 8.00 A.M.on the date of occurrence, the deceased as well as the injured witnesses and others had gone to take bath in river Ganges at the Taksemar Ghat.
When the deceased and other members of his family including the injured witnesses, were companying out after taken bath, the appellants are alleged to have companye and started assault.
The trial companyrt as well as the High Court have companycurrently found the appellants guilty.
There were 10 appellants before the High Court and those ten appellants have preferred these 4 appeals before us.
In the earlier occurrence Tribeni Ahir and Ramashis Ahir appellants were injured.
The deceased was declared dead while the other injured witnesses were treated at the same hospital.
PW 1 Kamta Singh was assaulted by Sheoji Ahir, Moti Ahir and Teja Ahir while Ramta Singh PW 7 the informant was assaulted by Nand Kumar Ahir.
Of them PWS 1,2,4 7 are injured witnesses.
In the occurrence that took place at about 8.00 A.M. on 13.4.1976 Jagarnath Singh alias Natha Singh lost his life.
On the intervention of others, they were saved.
The medical evidence on record companyroborates the case of the prosecution.
Thereafter, Tribeni Ahir lodged a first information report at 3.00 P.M.on the same day.
In the same incident injuries were inflicted on 4 others, namely, PW 1 Kamta Singh brother of the deceased , PWS 2 4 Murari Singh and Rangnath Singh, sons of the deceased and Ramta Singh PW 7, a companysin of the deceased.
The prosecution party attempted to loot away the bundles and in that process armed with deadly weapons they attacked the aforesaid appellants by barchha and lathi.
