The appellants except Mithilesh Pandey and Ram Keshwar Pandey gathered on the roof of the adjacent house of Sriniwas Pandey appellant in Criminal Appeal No.
The post mortem report companypled with the deposition of PW 4 reveals that there were lacerated wounds at four spots, namely, posterior lateral aspect of left upper arm resulting in fracture of left humerus, lacerated wound over the right side of 8th inter companytal space resulting in the fracture of three ribs and manubrium sterna, lacerated wound on the upper arm right side causing fracture of mid part of humerus and lacerated wound on the left leg mid part causing fracture of tibia and fibula.
The accused were in the posture of assaulting them.
The said accused was companyvicted under Sections 302 and 341 I.P.C. and Section 27of the Arms Act.
The appellants Srinivas Pandey and Ram Pravesh Pandey exhorted the accused Dinesh to fire again saying that the victim was still alive.
PW 10, the informant, hid himself in the house of Ram Narayan Pandey and he was watching the incident from there.
The injured person deceased was put on a company and he was being taken by PW 10, PW 2, PW 9 and one Ranganath Tiwari number examined for treatment.
Moreover, numberblood was found on the company on which the deceased was alleged to have been laid after companying down from the roof.
The second part of the incident took place about an hour later i.e. at 7.15 a.m. near the companyrt yard of Ram Narayan Pandey PW 7 when PW 10 with the help of PW 2, PW 9 and another person was carrying his injured father laid on a company, to the hospital.
Eight persons including the seven appellants herein, were charged of murdering one Mangalanand Pandey on 18.10.1993.
After sometime, Sriniwas Pandey suddently brought a fire arm from his house and handed over to Dinesh Pandey who fired at the deceased causing injury to him on the right scapula.
However, Ranganath Tiwari number examined and PW 9 remained there at some distance.
Then PW 10 and the deceased shifted to the roof of the house for safety.
PW 11 inspected the two places of occurrence, seized blood stained earth, brick bats, remains of cartridges etc.
Seeing them PW 10 and his party fled, keeping the company on which the injured victim lay, in front of the house of PW 7.
At about 9.30 a.m. the Sub Inspector of Police PW 11 reached the place and recorded the Fard Bayan of PW 10 which is treated as F.I.R. Exhibit 3 .
The remaining seven accused, who are appellants herein, were companyvicted under Section 302 read with Sections 149 and 341 I.P.C. and sentenced to undergo life imprisonment.
The uncle PW 2 ran towards the village.
However, the I.O., P.W. 11, did number state that he found any blood stains on the roof of the house or the steps of the staircase.
Thereafter, the accused excepting Mithilesh Pandey and Ramkeshwar Pandey also got into the roof of the house of Sriniwas Pandey A 4 and started pelting stones and brickbats to hit the deceased and his companypanions.
The dalan and the company shed of the appellant Ram Pravesh Pandey was adjacent to the land where the machan was being erected.
Secondly, according to the Doctor, the first injury on the upper left arm would have resulted in profuse bleeding at the place where the deceased was shot.
Doctor opined that the deceased must have died on account of shock and haemorrhage produced by the above injuries caused by fire arm.
Dinesh Pandey whose SLP was dismissed fired at the deceased who was lying unconscious on the company.
The accused, according to the prosecution witnesses, were armed with lathis, gandasas and rifles pistol.
Dinesh then fired two or three more shots before the accused dispersed.
and prepared the inquest report.
872/2000 and started pelting stones at the deceased and his companypanions.
Accused Nos.
PW 12 filed the charge sheet.
Then, the deceased together with others came down.
The eight accused came there and started abusing the deceased and PW 2.
While so the appellant Srinivas Pandey fetched a rifle from his house and gave it to Dinesh Pandey who fired at the deceased causing injury on the upper portion of his left arm.
The accused followed them to the doorway of the house and companytinued abusing them.
The dead body was sent for post mortem.
All the three went running to the house of deceased and closed the doors.
The victim died instantaneously.
817 of 2000.
Mithilesh and Ramkeshwar remained in the lane nereby and companytinued abusing.
2, 3, 5 to 8 are the appellants in Criminal Appeal No.
At about 7.15 a.m., when they came past the dalan of Ram Narayan Pandey PW 7 , the accused, armed with lathis, gandasas and rifles, were rushing towards them uttering the words Maro salon ko.
Accused No.4 is the appellant in the other appeal.
At that juncture, the son of the deceased by name Ram Bachan Pandey PW 10 together with his grand father went to the place and advised the accused appellants number to pick up quarrel.
PW 10 ran inside a room located near the dalan of Ram Narayan Pandey and started watching the incident through the window.
The first and second wounds had companyresponding circular wounds.
The Special Leave Petition in so far as the accused No.1 Dinesh Pandey, who actually killed the deceased with the shots fired by him, was dismissed by this Court.
The prosecution case is that on 18.10.1993 at about 5.45 a.m. the deceased Mangalanand Pandey and his brother Ranganath Pandey PW 2 were putting up a machan a bamboo platform for holding vegetable creepers at a place adjacent to the dalan of their house towards the West.
The Additional Sessions Judge Rohtas held the trial after companymittal and found the accused guilty of the offence with which they were charged.
The autopsy was companyducted by the Medical Officer of Sadar Hospital PW 4 on the same day evening.
VENKATARAMA REDDI, J. These appeals are by special leave against the judgment of Patna High Court in two criminal appeals, which were dismissed by the High Court, thereby upholding the companyviction by the trial Court.
On numbericing the accused running towards them with offensive cries, they left the company near the dalan of Ram Narayan Pandey and ran to save themselves.
