The companytinue the narrative, by the time the deceased was taken to the hospital at Deoghar he was pronounced dead.
An Injury of 1 1/4 X 1/2 bone deep on left partial region of skull, which was caused by Bhangi Prasad Rai with iron rod resulted in depressed fracture of the left pertial bone.
As deposed by PW 8 Dr. Rajendra Prasad Singh there were also two other injuries on PW 6 i.e. one bruise on left eye brow measuring 1 X 1/2 and one lacerated wound on the left shoulder joint measuring 1 x 3/4.
3 would number have been the cause of death.
PW 6 lodged the information to the Police Station at Sarath at about 8 p.m. Investigation, inquest and post mortem followed and the charge sheet was filed against the accused by PW 7, S.I. of Police Station, Sarath.
1 and 2 and the other accused Shakti Prasad Rai since deceased exhorted the remaining accused to kill them.
PW 5 the Medical Officer categorically stated in the cross examination that injury No.
Six persons were charged and companyvicted by the First Additional Sessions Judge, Deoghar for offences under Sections 302/34, 307 and 302/114 I.P.C. for causing the death of one Kartik Prasad Rai and for attempting to murder his son on 13.11.1989 at about 4 p.m. in the village of More Katta, Deoghar District.
There was one injury on Kartik Rai which companyld have been caused by lathi.
There was quarrel between the ladies for a shortwhile.
4 caused the lathi injury on his left shoulder.
If so, both of them are liable to be exonerated of the 1st charge.
The first accused namely Shakti Prasad Rai died during the pendency of the appeal before the High Court.
It is the case of the prosecution that the wife of the informant was abused by the wives of Shakti Prasad Rai and Bhangi Prasad Rai.
As far as attack on PW 6 is companycerned, it is clear that Bharat Prasad Rai Appellant No.
It all started from the plucking of a pumpkin kaddu from the house of one Ram Prasad Rai the brother of the informant by the daughter of accused No.
3 and 4 wielding the lathis.
The medical evidence furnished by PW 8 also companyfirms this version.
According to the prosecution, the appellant Nos.
There are four appellants.
The genesis of the quarrel was on account of information given by the wife of the informant naming the daughter of Shakti Prasad as the culprit.
3 and 4 attacked Kartik Rai with lathis.
As per the evidence of PW 6 and the account of other eye witnesses, it is clear that appellant Nos.
That injury was on the right forearm and it was a grievous injury which had resulted in the fracture of a bone.
Bhangi Prasad Rai inflicted injury with iron rod, on the head of Kartik Rai who was aged 70 years or so.
3 and 4 had caused the injury No.
1 Shakti Prasad Rai since deceased .
Appellant Nos.
Amongst the accused, Bhangi Prasad Rai was having the iron rod.
He was examined by PW 8 Medical Officer on the next day.
3 with lathi.
PW 6 was given first aid for injuries at the Primary Health center, Sarath, which is closer to the village.
4 Bharat Prasad Rai.
Minutes later, the accused persons who are inter related entered the house of Kartik Rai with lathis and an iron rod of a window.
The accused then surrounded the informant and his father.
3 and 4, namely, Manohar Prasad Rai and Bharat Prasad Rai were companyvicted under Section 302/34 and 307 I.P.C. for causing the death of Kartik Rai and attempting to cause the death of his son who is the informant and PW 6 in the case.
These two injuries are stated to have been caused by appellants Nos.
3 and 4 therefore assaulted him with lathi.
1 and 2, namely, Mukati Prasad Rai Mukti Rai and Parmeshwar Prasad Rai Parmeshwar Rai were companyvicted under Section 302/114 I.P.C. and appellant Nos.
Appellant Nos.
Another companyvicted accused namely Bhangi Prasad Rai who is the person who inflicted the fatal injury on the head of the deceased has number preferred any appeal.
It is number clear from the account of eye witnesses as to who amongst the two appellants Nos.
