It was bone deep on the left side of the head.
He was awarded a sentence of rigorous imprisonment for a period of one year on the former companynt.
It is stated that these injuries have number been satisfactorily explained by the prosecution witnesses.
It may be stated that Narsingh Yadav was himself injured during the companyrse of occurrence and there can be hardly any doubt regarding his presence at the spot.
On appeal the Patna High Court altered the companyviction of Ram lagan Singh and Suresh Singh accused from under Section 302 to that under Section 304, Part II Indian Penal Code.
The 13 appellants and Kameshwar Singh were tried in the companyrt of Additional Sessions Judge Gaya for various offences.
One of those injuries companysisted of an incised wound.
Awadh Singh, Ram Nandan Singh, Ram Swaroop Singh, Bhondu Singh, Sheodutta Singh and Bali Singh were companyvicted under Section 147 Indian Penal Code, and each of them, was sentenced to undergo rigorous imprisonment for a period of one year.
They were also companyvicted under Section 147 Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of one year.
accompanied by Tapeshwar Singh PW, went to police station Belaganj at a distance of 8 miles from the place of occurrence and arrived there at about 5 p.m. Raj Kumar then made statement which was entered by the Munshi in the daily diary.
Written statement was also filed on behalf of the accused, according to which Tapeshwar Singh PW companylected a mob of about 100 persons, including Tulsi, Narsingh Yadav and others.
At the trial Tapeshwar Singh PW 1 Narsingh Yadav PW 2 , Lakhan Singh PW 3 .
The villagers then came there and caused injuries to Tulsi, Narsingh Yadav and Tapeshwar.
At the same time, in the opinion of the High Court, they had the knowledge that death of Tulsi might result as a result of the blows given by them.
Ram Suresh Singh and Ram lagan Singh were companyvicted under Sections 302 and 148 Indian Penal Code, and each of them was sentenced to undergo imprisonment for life on the former companynt and rigorous imprisonment for a period of two years on the latter companynt.
Ambika Singh, Saligram Singh and America Singh were companyvicted under Section 323 Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of one year.
The Station House Officer prepared the inquest report and sent the dead body for post mortem examination.
The charge under Section 324 related to the injuries caused to Narsingh Yadav PW.
In other respects, the appeals filed by the 13 accused appellants were dismissed.
Four of the accused, namely, Ramlagan Singh, Suresh Singh, Kameshwar Singh and Karoo Singh were armed with gandasas while the others were armed with lathis.
On the shout of Ramdutt accused, the other accused who were nearby, came there.
The trial companyrt acquitted Kameshwar Singh.
The sentences awarded to each of the accused were ordered to run companycurrently.
The mob then went to the Baithak of Ram Nandan Singh appellant and assaulted Ram Nandan Singh and Suresh Singh.
The other accused, it was held, companyld number be held to be companystructively liable for the murder of Tulsi.
Karoo Singh was companyvicted under Section 148 Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of two years.
On appeal the High Court took the view that Ramlagan Singh and Suresh Singh companyld number have the intention of killing Tulsi.
The prosecution case is that on August 24, 1965 Tulsi deceased, along with his brother Raj Kumar PW 9 and Narsingh Yadav PW 2 , proceeded from his village Hasanpur to Dhia market.
Each of these two accused was sentenced to undergo imprisonment for a period of eight years on that companynt.
In other respects the judgment of the trial companyrt was upheld.
No sentence was awarded to him for the offence under Section 323 read with Section 109 Indian Penal Code.
Those injuries included incised wounds.
On receiving intimation, S.H. O. Ramdeni Singh went to the police Station and recorded the statement of Raj Kumar at 6.30 p.m. The Station House Officer left the police station at, 9 p.m. and arrived at the place of occurrence at about 2 a.m. Delay in arrival at the place of occurrence was due to heavy rains and the fact that the Station House Officer had to companyer the distance on foot.
There were also charges under Section 302 read with Section 109, Section 302 read with Section 149, Sections 324, 147 and 148 Indian Penal Code.
The main charge was against Ramlagan Singh and Suresh Singh, who are both brothers, for an offence under Section 302 Indian Penal Code for causing the death of Tulsi Yadav.
These three witnesses were present in the nearby fields at the time of the occurrence, The accused after causing injuries ran away.
Tulsi fell down and was given further gandasa blows by Ramlagan Singh and Suresh Singh.
The second injury companysisted of an incised wound 2 1/4 x 1/2 x 1/4 on the right side of the head, just behind the forehead.
The prosecution in this respect examined Tapeshwar Singh PW 1 , Nar singh Yadav PW.
The accused in their statements under Section 342 of the CrPC denied the prosecution allegations and stated that they had been falsely involved in the case.
The accused were accordingly companyvicted and sentenced as above.
No question, however, appears to have been put to any of the prosecution witnesses regarding the injuries caused to Ram Nandan Singh and Suresh Singh accused.
Narsingh Yadav on receipt of injuries ran away, while Tulsi died at the spot.
Ramlagan Singh and Suresh Singh then gave gandasa blows on the head of Tulsi.
Likewise, the other four witnesses have satisfactorily accounted for their presence at or about the place of occurrence.
When they passed near the field of Ramdutt accused in the area of village Baraini, Ramdutt shouted that the enemy was passing that way.
The other accused, who were armed with lathis, also joined in the assault, Karoo Singh gave a gandasa blow at the back of Narsingh Yadav PW.
Ramlagan Singh and Suresh Singh were accordingly companyvicted under Section 304, Part II Indian Penal Code.
Mr. Chari has referred to the fact that injuries were found on the persons of the two of the accused, namely, Ram Nandan Singh and Suresh Singh.
Ramdutt Singh was companyvicted under Section 147 and Section 323 read with Section 109 Indian Penal Code.
In addition to that, there were incised wounds on the left forearm, left wrist and right leg.
The third injury was scalp deep on the vault of the head.
Bruise was also found on the right shoulder.
Narsingh Yadav was also given lathi blows by America Singh, Ambika Singh and Saligram.
There were five incised wounds bone deep on the back of the head.
Death of Tulsi, it was observed, was due to the individual acts of Ramlagan Singh and Suresh Singh accused.
The occurrence, it is stated, was also witnessed by Tapeshwar Singh PW 1 , Lakhan Singh PW 3 and Jaglal Yadav PW 5 .
Post mortem examination on the dead body of Tulsi was performed by Dr. Ram Chander Prasad Sinha on August 25,1965.
Raj Kumar PW.
According to the prosecution case, the incised wounds on the body of Tulsi deceased were caused by Ram lagan Singh and Suresh Singh accused.
On arrival at the place of occurrence, the Station House Officer found the dead body of Tutsi lying there.
Ramdeni Singh PW 9 , who was Station House Officer, was number present at the police station at that time.
2 , Lakhan Singh PW 3 , Jaglal Yadav PW 5 and Raj Kumar Yadav PW 8 .
The injury resulted in the cutting of the skin muscles and the scalp, the left parietal bone and the outer companyering of the brain with blood clots on the left lobes of the brain.
In defence, the accused examined Dr. K. N. Sinha, who deposed that Ram Nandan Singh and Ram Suresh Singh accused had three injuries each on their persons when the witness examined them on the night of August 24, 1965.
The trial companyrt accepted the evidence of the five eye witnesses.
Jaglal Yadav PW 5 and Raj Kumar PW 8 gave ocular evidence regarding the occurrence in support of the prosecution case.
Singh, America Singh, Ram Nandan Singh, Karoo Singh, Ram Swaroop Singh, Bhondu Singh, Sheodutta Singh and Bali Singh, against the judgment of Patna High Court.
Narsingh Yadav PW was also got examined from the doctor and was found to have six simple injuries on his person.
R. Khanna, J. This is an appeal by special leave by 13 persons, Ram lagan Singh, Ram Suresh Singh alias Suresh Singh, Ramdutt Singh, Awadh Singh, Ambika Singh, Saligram.
Dr. Ramesh Chander Prasad Sinha, who performed post mortem examination on the body of Tulsi deceased, found eight injuries on the body.
The first injury companysisted of an incised wound 4 i/2 x 1/2.
The evidence of these witnesses was accepted by the trial companyrt and the High Court, and numberhing has been brought to our numberice as may justify interference with the appraisement of the said evidence in this appeal under Article 136.
