Sotilal Yadav was said to have died on the spot due to the above injuries.
Fard byan Ex.1 of the informant was said to have been recorded and the case registered as Sadar P.S. Case No.23 dated 1.2.1981 under Sections 147, 148, 149, 324 and 302, IPC, against all the seven accused.
When the deceased fell down, A 3 also assaulted him with a Bhala on his back causing an incised wound 1x1/2 X 1/4 on left lower part of the back.
A 5 was said to have assaulted PW 5 with lathi on his left hand fingers and right fore arm causing laceration, bruise and fracture injuries.
A 7 was also said to have assaulted him with lathi on his back causing bruise.
M and Ex.
Brij Kishore Yadav A 7 was stated to have assaulted him with lathi on his head causing one lacerated wound 1 x upto bone over middle of head and A 5 gave a blow with lathi on back causing bruise 4 x 1 on lower part of the back.
In the companyrse of occurrence as well as hullas raised, one Kailu Yadav since dead , Sukhdev Yadav said to be gained over Uttim Yadav PW 6 and others were said to have arrived on the spot and saw the occurrence.
Of the seven accused, who were charged and stood trial before the Sessions Court, the fifth accused, by name Ram Prasad Yadav, died on 2.7.1994 and during the pendency of the appeal in this Court, the second accused Malhu Yadav died on 5.6.2001.
On hearing the hullas raised at that time both by PW 10 and A 1, the deceased, his father Laxmi Yadav since deceased and Ram Kishore Yadav PW 5 as also the accused and some others, arrived at the spot.
The case of the prosecution is that on 1.2.1981 at about 7.30 a.m., Rajendra Yadav, the informant, PW 10 , who is the brother of the deceased Sotilal Yadav, had gone to see the standing Kerao crop on his land and numbericed the first accused Lal Bachan Yadav A 1 , son of Shibu Yadav A 3 , stealthily uprooting the crops, resulting in a scuffle between them when he caught hold of A 1.
After recording the Statements of PWs 4 and 8, the house of A 5 was said to have been searched and two lathis recovered from which Bhala portion had been removed and one blood stained in all three articles under Seizure List Ex.5 .
O being the written report and the Police thereupon registered Sadar P.S. Case No.24/81 and after investigation, a charge sheet was also said to have been submitted in Ex.
Malhu Yadav A 2 was also said to have assaulted him on his head with lathi portion of Bhala causing a lacerated wound 1x1 upto one on right side of head.
On the same night when PW 12 went to the place of occurrence, he companyld number make an inspection for want of light and, therefore, on 2.2.1981 at 6.30 p.m. he made a spot inspection of the place of occurrence and found uprooting of some of the standing crops in the field and marks of trampling, besides blood stains in the trampled area, but number in that proper companydition to be companylected.
During the companyrse of investigation, on 1.2.1981 PW 12, who visited at 5.20 p.m. the Hospital to record the statements from Laxmi Yadav and Ram Kishan Yadav, companyld number do so for the reason that they were number in a fit companydition but at the same time their bodies were said to have been examined and Injury Reports Ex.4 and 4/1 were said to have been prepared.
Other villagers were also said to have assembled at the spot and saved A 2, resulting, in the process, in several injuries, for which A 2 also seems to have lodged an FIR before the Police on the same day at 11 a.m., Ex.
On the whole, sixteen witnesses were said to have been examined in support of the defence, in addition to marking some documents to substantiate a plea of alleged land dispute to falsely implicate them and the plea of alibi.
The accused were said to have got enraged on this and Ram Prasad Yadav A 5 was said to have exhorted the other accused stating Shela badmash hai, use jan se mar do.
The relevant documents, as numbericed earlier, were also marked.
That apart, the further plea raised in defence was that on 1.2.1981 at about 7.30 a.m. when A 2 and his son were engaged in uprooting Alluah in their purchased land, the deceased and some others armed with Bhala, Farsa and Arrow came and looted one mound of uprooted Alluah worth Rs.50/ and when A 2 protested, the deceased assaulted him with Bhala and his father assaulted him with lathi.
On behalf of the accused, apart from disputing the very occurrence, a plea of alibi, so far as A 4 and A 3, was made, in addition to the plea that they were falsely implicated number only due to certain land dispute, but also on account of the fact that A 2 had lodged an information petition before D.O., Darbhanga, on 30.1.1981 regarding the alleged threats said to have been made by the deceased and PW 10 and others.
On this, Jagdish Yadav A 4 , the son of A 5, standing on the bandh was said to have assaulted the deceased with Bhala on the right side of the neck, which caused a punctured wound 1x1/4 X 1 piercing through the sub interior tissues upto upper hole of right lung.
In the process of exchanging abuses and hot words, when a demand was made by other accused to release A 1, the deceased refused to do so without having a Panchayati in the Village for the incident.
On 4.2.1981, the Superintendent of Police also supervised the investigation and A 5 and A 7 were said to have been arrested on 11.2.1981.
A 6 was attributed with an act of assaulting PW 10 which made him let loose A 1 held by him and go and stand at a distance of ten laggas from the place of occurrence.
The investigation was thereafter handed over to another person, who submitted the charge sheet before the Chief Judicial Magistrate, who later companymitted the case to the District and Sessions Judge, which thereafter stood transferred to the Court of 2nd Additional Sessions Judge.
In addition thereto, A 2 to A 7 were companyvicted under Section 225, IPC, with a sentence of one year R.I. A 2 and A 6 were companyvicted for offences under Section 324, IPC, and sentenced to three years R.I. So far as A 5 and A 7 are companycerned, they have been also companyvicted under Section 323, IPC, with a sentence of one year I. and under Section 147 with two years R.I. As far as A 2 to A 4 and A 6, they were all companyvicted under Section 148, IPC, with a sentence of three years I. Aggrieved, as numbericed earlier, an appeal had been filed by all the accused before the High Court and the learned Judges of the High Court, on a companysideration of the materials on record and overruling the challenge made to the judgment of the Trial Court, companyfirmed the companyviction and sentence imposed against all the appellants observing that the manner of companysideration undertaken by the learned Trial Judge and the analysis and assessment of the evidence were on proper lines and in companyrect perspective and inasmuch as the findings recorded were based on proper and sufficient evidence, numberinterference was called for at their hands.
A 1, in spite of all this, was alleged to have taken away the uprooted kerao.
In all, on the prosecution side, 12 witnesses were examined, of which PWs 1 to 3, 7 and 9 were formal witnesses, PW 10 being the informant, PW 11being the Doctor, PW 12 being the Investigation Officer and PWs 4, 5, 6 and 8 were stated to be eye witnesses to the occurrence.
PW 6 and his mother wife of Ram Kishan Yadav were said to have taken Laxmi Yadav and Ram Kishan Yadav to Hospital for the treatment on Tonga and PW 10 along with Awadh Yadav PW 6 and Kailu Yadav were said to have brought the dead body of Sotilal Yadav to Kilaghat Police Station Sadar P.S. at about 3.30 p.m. when PW 12, Shri Bharat Kant Jha, then Station Officer, was present.
The post mortem was said to have been companyducted by the Doctor PW 11 at about 1.30 p.m. on 2.2.1981, who submitted the post mortem report Ex.3 received in the Police Station on 5.2.1981.
Laxmi Yadav, father of the deceased, and Ram Kishan Yadav PW 5 , father in law of the deceased, when tried to lend support by lifting the deceased, Raj Kumar Yadav A 6 was said to have assaulted Laxmi Yadav with Farsa on his head as well as on his both hands causing incised wound and A 2 also was said to have assaulted him with Bhala on his right eye brow.
On hulla raised, A 5 came at the spot and, in turn, was also assaulted by PW 5 with lathi.
N and N/1 are said to be Injury Reports in respect of A 2 and A 5.
The dead body was said to have been sent to the Hospital for post mortem through two Constables and received at the Hospital at about 4.30 p.m. on the same day.
RAJU, J. The above appeal has been filed against the judgment dated 30.7.1999 of a Division Bench of the Patna High Court in Criminal Appeal No.17 of 1987 companyfirming the judgment dated 18.12.1986 of the learned 2nd Additional Sessions Judge, Darbhanga, companyvicting and sentencing the appellants for various offences in Sessions Trial No.30 of 1983.
On taking up further investigation, PW 12 was said to have examined the dead body and prepared an inquest report Ex.2 and recorded the statement of Kailu Yadav and Awadh Yadav at the Police Station.
Thereupon, he was said to have gone to Hospital and recorded statement from the two injured persons, numbericed above.
