When Bitin Mahto, uncle of the informant, tried to rescue the father of the informant he was assaulted by appellant Gagandeo Sahni with a Garasa and he, after receiving injuries, fell down.
The post mortem report as is available on record as regards the injuries sustained by Jagdish Mahto and who eventually succumbed to the same read as below Lacerated wound 1 X 1/3 scalp deep on left side of occipital region.
Informant, Ram Chandra Mahto PW2 and Ram Bilas Mahto PW4 out of fear were watching the occurrence from some distance.
It was a moonlit night.
Lacerated wound 2 X X scalp deep on left side of occipital region.
Incised wound 1 X X scalp deep on left side of forehead.
Appellant Rajan Sahni and Binod Sahni by putting lathis on both sides of the neck of the father of the informant pressed their lathis and remaining appellants started indiscriminately assaulting the father and uncle of informant with lathis saying that when they had identified them they would finish them.
Bruise 3 X on back of left side of chest.
As regards the Gajar Mahto, the post mortem report indicates the following ante mortem injuries Incised wound 2X X1/4 just below chin.
Incised wound 1 X 1 X scalp deep on left temporal region behind left ear.
The trial companyrt found that the evidence of the eyewitnesses who had implicated number only the appellants but also five others belonging to the Kumhar caste companyld number be believed fully and companysequently gave benefit of doubt to the five accused belonging to the Kumhar caste and acquitted them.
Lacerated wound 1 X 1/3 scalp deep on left parietal region.
Appellant Bachu Sahni thereupon started assaulting the father and uncle of the informant with a Phatha bamboo stick and appellant Shyam Nandan Sahni started assaulting the uncle of the informant with a dagger.
Bruise 4 1/2 X 1 on back of left side of chest.
The appellants belong to the Gujar companymunity.
Lacerated wound 1 X X scalp deep on left side of occipital region.
iii and v were caused by a sharp cutting weapon which may be Chhura or grasa and remaining injuries were caused by hard blunt substance which may be lathi or phtha and time elapsed since death was within 36 to 60 hours approximately.
Lacerated wound 1 X X scalp deep on left temporal region behind left ear.
When the informant and his men reached a village foothpath, going towards Ladaura Mahinwara near the field of one Bharat Singh in Nandna Sareh situated at village Kumhrar, all of a sudden all the appellants came from a maize crop field and started assaulting the father of the informant who was going ahead of the informant and his remaining companypanions.
Appellant Gagandeo Sah and Mahadeo Sahni ordered their companypanion to kill all even if their lands were sold and on this instigation appellant Rajendra Sahni started assaulting the father of the informant with a lathi and appellant Naga Sahni with a Dabiya a sharp cutting weapon .
Bruise 4 X on back of right side of chest.
The facts reveal the prosecution case as below On 8.5.84 at about 11.30 p.m. informant Munar Mahto PW8 went to Tariyani Chowk Police Station within the district of Sitamarhi and lodged an FIR Ext.
He has stated that rigor mortis was absent and death was caused by shock and hemorrhage due to aforesaid injuries.
3 stating therein that on the same day at about 3.00 p.m. he along with his father Gajar Mahto, uncle Bitin Mahto, Ram Bilas Mahto PW 4 and Ram Chandra Mahto PW2 had gone to Turki Bazar.
The informant found that his father and uncle had died.
When the informant raised hulla villagers namely, Mitan Mahto, Phul Shankar Mahto numbere of them examined , Ram Ekbal Mahto PW6 and Mohan Mahto PW5 replied that they were companying and after hearing their replies the appellants fled away but appellant Musafir Sahni was caught and he was assaulted by the mob who had caught him.
After marketing when the informant and his men started for their house, appellants Jiya Lal Sah and Gagandeo Sah proceeded ahead of them.
The trial companyrt after appreciating the evidence, in the case of the appellants, opined that there was numberevidence on the record to show any pre meditation on the part of the appellants.
Appellants Jiva Lal Sah and Gagandeo Sah had also gone to Turki Bazar and in the market where ever the informant and his men went they both kept watch on them after staying at some distance.
