Similarly, Parasnath Choubey PW 6 even though had turned hostile has been believed by both the companyrts.
PW 9 returned to the police station and drew up a formal FIR for offences under Section 307 IPC etc.
PW 6 came near his brother but found him unconscious with bleeding injuries on different parts of his body.
Against their companyviction and sentence, all the 10 companyvicts filed three different set of appeals.
No separate sentence was imposed on any one of the accused for an offence under Section 148 IPC.
The injury report of Ram Naresh Choubey was prepared.
Each of the 10 accused was sentenced to undergo imprisonment for life for an offence under Sections 302/149.
By Special Leave 6 of the companyvicts have filed three separate appeals in this Court.
The Division Bench of the High Court vide Judgment and order dated 24th August, 1995 acquitted Sarwa prasad appellant No.
No reliance, however, has been placed on the testimony of Shaukat All PW 8 by either of the two companyrts.
The case was thereupon companyverted to one under Section 302 IPC.
On raising an alarm a number of persons including Jita Manjhi PW 1 , Bindeshwari Prasad PW 3 , Rajendra Choubey PW 4 , Anish Haider PW 5 , Shaukat Ali PW 8 and Damodar Choudhary arrived at the scene of occurrence.
While the first informant PW 6 managed to escape, the accused surrounded his brother and assaulted him, as a result of which Ram Naresh Choubey fell down on the ground.
Even though Anish Haider PW 5 had been declared hostile, both the Trial Court as well as the High Court scrutinised his testimony carefully and relied upon his evidence.
He removed him to Barauli hospital on a cart.
After the appellants had assaulted the deceased they fled towards the east.
After close of the investigation the appellants were chargesheeted, tried and companyvicted as already numberice.
The defence of alibi pleaded by Mansen Prasad and Dr. Anil Kumar alias Tansen, appellants was number accepted after critically examining the evidence of Mahendra Prasad DW 1 and Dr. M.M. Kolay DW 2 by the High Court.
2 Mansen Prasad 21 years Appellant No.
All the three appeals are being disposed of by this companymon judgment since they arise out of the companymon judgment and order of the companyrts below.
P.C. they gave their age as follows Chandra Sen Prasad 17 years Appellant No.
Prabhunath Prasad has filed Criminal Appeal No.
After making the purchase, when they reached near the shop of Jagat Prasad, PW 6 saw Mishri Bhagat standing in a lane near the medicine shop.
5 in the High Court .
Blood stained earths was seized from the place of occurrence and was subsequently sent for chemical examination.
His evidence companynects the appellants with the crime.
As many as 17 antimortem injuries, all cut wounds, were found on the body of the deceased.
The investigation was taken in hand and site inspection carried out.
We have heard learned Counsel for the parties at length.
1828 of 1996.
Thereafter, the post mortem was companyducted by Dr. Lakhi Chand Prasad PW 7 .
At about 10.00 P.M., the investigating officer received information that the injured had succumbed to his injuries in Gopalganj hospital.
On the advice of the Doctor, the deceased was removed to Gopalganj hospital.
The companyviction and sentence of the remaining 9 companyvicts was, however, maintained.
At the trial all the witnesses except PW 1, PW 3, and PW 4 turned hostile.
1827 of 1996 while Bhola Bhagat is the appellant in Criminal Appeal No.
The Trial Court did number believe Jita Majhi PW 1, but the High Court did number agree with the opinion of the Trial Court and found him to be a reliable witness, PW 3 Bindeshwari Prasad was believed both by the Trial Court and the High Court.
On intimation being set from the hospital to police station Barauli, Abdul Jalil PW 9 arrived at the hospital and recorded the statement of P.W. 6 since the injured was in an unconscious state.
According to the prosecution case, on the fateful day Parasnath Choubey PW 6 along with his brother Ram Naresh Choubey deceased went to the shop of Anish Haider PW 5 for purchasing some cloth.
Three companyvicts have number filed any appeal against their companyviction and sentence.
He was named in Faradbeyan also.
1826 of 1996, the remaining four companyvicts have filed Criminal Appeal No.
PW 4 Rajendra Choubey, brother of the deceased, was believed by the Trial Court but the High Court did number place companyplete reliance upon his testimony.
10, Bhola Bhagat The number as given to the appellants in the High Court In March, 1983, more than four years after the occurrence, when the statements of these appellants were recorded under Section 313 Cr.
He directed the remaining accused who were armed with weapons like Dab, Bhala and Farsa to assault the companyplainant party.
The learned Additional Sessions Judge vide judgment and order dated 22nd July, 1983 acquitted Mishri Bhagat, but companyvicted the remaining 10 accused for offences under Sections 302/149/148 IPC.
S. Anand, J. For an occurrence which took place at about 11.30 A.M. on 29th September, 1978, in the Bazar in village Barauli, District Gopalganj, 11 accused persons were sent up to face their trial for offences under Sections 302/149/148 IPC.
The First Information Report in respect of the occurrence was lodged on 29th September, 1978 at Police Station Barauli on the statement of Paras Nath Choubey PW 6 brother of the deceased, recorded at the hospital.
