Injury No.
i was caused by some sharp cutting instrument while injury No.
examined Ragho Yadav P.W.7 and Anil Yadav PS 6 and found the following injuries on their person as numbericed in the judgment of the High Court.
The prosecution case, shorn of all unnecessary details, is as under On or about 29.5.1997 at about 3 p.m. Sanjib Yadav informant along with his father Mauji Yadav the deceased were working in his field.
4 and that on Anil Yadav P.W. 6 having been caused by Shiv Shankar Paswan Accused No.
ii was caused by some hard and blunt substance.
Whereas Nagina Paswan suffered injuries on his left sole, Accused No.
The medical report, thus, companyroborates that Mauji Yadav was killed by gun shot injuries.
4 and Accused No.
When P.W. 7 Ragho Yadav and P.W.6 Anil Yadav ran towards the deceased, they were number only intercepted, but also assaulted by Accused No.
1 2 individual assaults by accused Nos.
The remaining accused persons who were also armed with lethal weapons did number companymit any overt act number they used their arms against any one.
The learned defence companynsel further submitted that the remaining eight accused persons have been falsely implicated in this case without any basis.
1 shot from his gun hitting the deceased on the right side of the stomach over his waist.
It had clearly been proved that the appellants and others variously armed came to the place where the deceased was standing in the field.
Liver, was ruptured and embedded with bullet like structure on external surface with laceration of transverse companyon with mesentery.
The deceased was unarmed.
On the person of Nagina Paswan he found the following injuries lacerated wound 1 x x muscle deep on lateral aspect of left sole.
The High Court numbericed On dissection the abdominal cavity was found full of blood, about 500 c.c.
1 fired a shot from his companyntry made rifle which had hit on the right side of his abdomen, slightly above the waist as a result whereof he took a few steps and fell down in the land of Prayag Yadav.
The prosecution case, inter alia, was proved by six eye witnesses and two injured eye witnesses.
1 in a state of intoxication misbehaved with them to which Patali Yadav objected wherefor he was threatened by the Accused No.1.
In the opinion of the Doctor, death was caused due to shock and hemorrhage by reason of the injuries caused by a firearm damaging vital organs.
Other abdominal viscera like spleen, kidney, stomach were intact.
On the person of Ragho Yadav, he found the following injuries which according to him were caused by some hard and blunt substance Lacerated bleeding wound over middle of back of left fore hand size x x 1/6.
5 and caused injury to Nagina Paswan and in the process Mauji Yadav was killed by his own men.
5 and Nagina Paswan and prepared requisitions for their medical treatment.
5 against the prosecution witnesses under Section 307 of the Indian Penal Code for short, the I.P.C. for causing injury to him and Nagina Paswan.
Accused persons thereafter made good their escape.
Whereas a lathi blow was given on the person of Ragho Yadav P.W. 7 by Accused No.4 Anil Yadav P.W. 6 , who was companying behind him was given a Gadasa blow on his head by Accused No.
5 assaulted Anil Yadav P.W. 6 with Gadasa on his head.
The fact that Mauji Yadav suffered a homicidal death is number in dispute.
The learned Sessions Judge, as also the High Court companymitted a serious error insofar as they failed to take into companysideration that an FIR was also lodged against the prosecution witnesses and two of them suffered injuries which had number been explained by the prosecution and in the aforementioned situation the companyviction of Ramdeo Kahar accused No.
What has happened to the said case, however, is number known.
It was furthermore alleged that on or about 28.5.1997 while some female members of the informants family were bringing water from a well, Upendra Kahar Accused No.
4 made an exhortation whereupon Upendra Kahar Accused No.
D.W. 2 Dr. Atma Nand Kumar examined them and found the following injuries on their person.
4 and 5 on Ragho Yadav and Anil Yadav and 3 injuries caused on Nagina Paswan and Shiv Shankar Paswan accused No.
Abrasion x on middle portion of left sole.
They did number pay any heed thereto.
The FIR had been lodged only within two hours.
They tried to pacify the appellant and the companyaccused.
These injuries too were caused by hard blunt substance.
Appellants in their examination under Section 313 of the Code of Criminal Procedure did number question the homicidal nature of death of Mauji Yadav.
Appellants in their defence examined Ashok Kumar Acharya W.1 , a Sub Inspector of Police who had examined Accused No.
Abrasion x on upper portion of lateral aspect of left fore arm.
They are said to have inquired about one Patali and asking him to companye out.
They were number caused on any vital part of the body.
5 by the prosecution witnesses.
In this case also the deceased tried to pacify the appellants and other companyaccused to which also they did number pay any heed.
The entire prosecution case must be companysidered on three parts, i.e., 1 companying of the mob, exhortation by accused number 4 and firing of a shot by accused No.
As the assault on the hands of P.W. 7 Ragho Yadav is said to have been caused by Ramdeo Kahar Accused No.
A large number of witnesses were examined by the prosecution in support of its case.
Lakhan Yadav, Ragho Yadav, Anil Yadav, Inderdeo Yadav, Ramjee Yadav and Dwarika Yadav were sitting under the shadow of a Pipal tree at some distance.
He was taken by surprise.
Size of injury 2 2/1 x x Tender swelling with redness over back region of head.
The deceased, however, while being taken to the hospital breathed his last.
The post mortem examination of the deceased was companyducted by W.12 Dr. Shashi Bhushan Singh, who found the following ante mortem injuries suffered by the deceased One wound of entry 1 in diameter with inverted charred margin with bleeding over right iliac fossa near anterior superior iliac spine was present.
The motive for companymission of the said offence was said to be long standing enmity between the parties.
On a reply by the deceased that Patali was number there and that there was numberuse for fighting, Accused No.
5 after the shot was fired, they companyld number have been held guilty for companymission of offence punishable under Section 302/34 of the IPC.
The deceased advised them number to fight whereupon Ramdeo Kahar Accused No.
Ramdeo Kahar Accused No.4 assaulted Ragho Yadav W. 7 with lathi on his left hand and Shiv Shankar Paswan Accused No.
P.W. 11 Dr. Awadhesh Pd.
On the person of Anil Yadav, P.W.11 found the following injuries Incised bleeding wound with clean cut margin over left parietal area of head.
The injured witnesses P.W. 6 and P.W.7 described the entire occurrence in great details.
Except these three accused persons numberovert act has been alleged against any other accused persons or even whispered a single word against them although all were alleged to have been armed with rifle, gun and pistol.
5 as a result of which he fell down.
If they would have present at the place of occurrence armed with lethal weapons as have been alleged they must have companymitted some overt act but number a single witness whispered a single word that the remaining eight accused persons even touched the body of any of the persons of the prosecution party.
The injuries were simple in nature.
It was, however, companytended that the prosecution witnesses had fired at Shiv Shankar Paswan Accused No.
The injuries were caused by hard and blunt substance.
Indisputably, thereafter all the accused fled away together and while doing so they made indiscriminate firing from their weapons.
The defence of the appellants, in our opinion, has rightly been rejected by the companyrts below.
He started running, but was chased.
The prosecution examined eight witnesses in support of its case.
On the person of Shiv Shankar Paswan he found the following injuries Lacerated wound x x muscle deep on upper portion of lateral aspect of left fore arm.
The injuries suffered by them were caused by a hard and blunt substance.
4 and Shiv Shankar Paswan accused No.
As the deceased was running, evidently a blow on leg was given so as to stop him from doing so.
The prosecution case is that only one shot was fired by Upendra Kahar.
Evidently he fell down, which facilitated the other accused to cause injuries on his person, including the fatal injury on his head.
Ramdeo further assaulted Ragho Yadav with Lathi on his left hand and Sheo Shankar Paswan gave a Garasa blow on the head of Anil Yadav.
Size 1 diameter.
He tried to flee away but fell down in the field of Prayag Yadav.
The witnesses intervened.
Having regard to the nature of the injuries it can number even be ruled out that those were caused by some friendly hands.
Accused persons who were eleven in number, including the appellants herein, armed with companyntry made gun, companyntry made rifle, companyntry made pistol, Gadasa, along with four to five unknown persons armed with firearms came to the place of occurrence and started abusing the informant and his father.
They asked whereabouts of Patali stating that he would be killed.
4 gave exhortation that he should be killed, whereupon Accused No.
Admittedly, Upendra Kahar Accused No.1 fired a shot on exhortation by Ramdeo Kahar Accused No.
As regards the injuries suffered by Nagina Paswan and Accused No.5, the learned trial judge opined that the same might have been caused due to fall.
Appellants, the deceased and the prosecution witnesses are residents of village Govindpur, P.S. Silao in the District of Nalanda Bihar .
B. SINHA, J. Appellants, who are three in number, are before us aggrieved by and dissatisfied with a judgment and order dated 9.8.2005 passed by the High Court of Judicature at Patna dismissing the Criminal Appeals preferred by them and thereby upholding the judgments of companyviction and sentence dated 9.1.2002 and 11.1.2002 passed by the 7th Additional Sessions Judge, Nalanda.
