Kanti Mandal had six injuries, out of which three were incised wounds.
After the assailants left the scene of offence, the two injured men were removed to Saraiyahat dispensary from where Garbhu, whose companydition was serious, was carried to Deoghar hospital.
Garbhu also made his statement thereafter which was recorded as his dying declaration Ex.
Kanti Mandal gave his statement to the police who by that time had arrived at the dispensary, which was treated as the Fardbeyan, Ex.
On July 10, 1962, Mst.
Garbhu had eight injuries, of which three were incised wounds.
Hence this appeal by them under special leave.
60 in favour of Kanti Mandal P.W. 1 , and delivered its possession to Kanti Mandal and his father Garbhu.
The two appellants then filed a revision application before the High Court.
Appellant Digan started the attack with a lathi blow on the right arm of Garbhu, and appellant Lakshmi Tiwari followed it up by two sword cuts on his head.
60 and certain other lands as security for the Pradhan ship.
On appeal by the five companyvicted persons before the Additional Sessions Judge, the companyvictions against the two appellants were maintained, while the others were given benefit of doubt and acquitted.
According to the defence, Bittu Tiwari had since then been in possession and cultivation of those lands including plot No.
By 1962, however, Mst.
Fortunately, neither of them succumbed to his injuries and both figured and witnesses at the trial.
60, and even if it were found that the party of the appellants caused injuries to Kanti Mandal and Garbhu, they did so in exercise of the right of private defence of property.
As aforesaid, altogether 16 persons, including the present appellants, were originally charge sheeted and tried before the Trial Court.
He had a son who pre deceased him.
60, devolved on Mst.
Nand Kishore fell under the influence of Jagesh war P.W. 5 and Kanti Mandal, who managed to obtain from her the said bhugutbandha, on the strength of which Kanti Mandal and his father Garbhu churned the right of possession.
Nand Kishore P.W. 3 , the widow of that pre deceased son, he having left numberissue surviving him.
The High Court maintained the companyvictions against appellant Lakshmi Tiwari under Sections 307, 326 and 447, and against appellant Digan Raut under Sections 323 and 447, of the Penal Code, but reduced the sentences awarded to them to two years imprisonment in the case of Lakshmi Tiwari, and to three months imprisonment in the case of Digan Raut.
The Trial Court, however, was entitled to pass its order of companyviction on the testimony of the two victims and the said Budhu P.W. 7 .
The injuries received by them were caused by both sharp cutting instruments, such as a sword, and blunt weapons, such as lathis.
On survey and settlement of the lands in Birajpur, the said plot No.
The prosecution case was that on July 22, 1962, while Kanti Mandal and Garbhu were having the said land ploughed by two labourers, the appellant Lakshmi Tiwari, his father Bittu, appellant Digan Raut and some others, armed with various, weapons, came to the plot on Kanti Mandal and Garbhu declining to halt its ploughing, attacked them.
The Trial Court companyvicted the two appellants and three others, and acquitted the rest.
On Garbhu falling down, the appellants and their companypanions turned against Kanti Mandal, who also was attacked with sword, spear and lathis.
Nand Kishore executed a registered bhugut bandha in respect of plot No.
He was also the Pradhan of the village.
The defence further was that on the day in question appellant Lakshmi Tiwari and his father Bittu were is possession of plot No.
Nand Kishore at that time supported the candidature of Bittu, the father of appellant 1 and gave plot No.
Though each of them put up a separate defence, the principal defence was that on the death of Makhan in 1918 a question arose as to who should succeed him as the Pardhan of the village.
On these allegations, the appellants, together with 14 others were charge sheeted under various sections of the Penal Code.
On the death of Makhan, his properties, including plot No.
M. Shelat, J. Makhan Tiwari was the Jotedar of plot No.
60 of Birajpur under Saraiyabat Police Station.
60 was mutated in possession and cultivation thereof.
