On the intervening night between 14th and 15th December, 1986, a ghastly incident took place in village Singhyahi, district Darbhanga wherein allegedly a mob of about 50 persons armed with bhalas, gadasas, lathis and churns attacked the house of the companyplainant, caused damage to the property and opened an indiscriminate assault on the companyplainant party with the several weapons with which they were armed.
In the opinion of the trial companyrt charge under Section 452 IPC was made out successfully by the prosecution against all the 10 accused persons whereunder they were sentenced to undergo RI for 3 years each.
So far as Bilti Devi PW 7 , though number injured in the incident, and Kari Yadav PW 8 are companycerned the trial companyrt and the High Court have both chosen, to place reliance on their testimony holding them to be the natural witnesses to the incident and also reliable to the extent of the 10 accused persons found guilty.
One of the accused persons companyvicted by the trial companyrt and the High Court, namely, Asheshar Yadav, died when the petition for special leave was pending and by order dated 23.2.2001 this Court directed his petition to be dismissed as having been rendered infructuous.
They were charged severely for offences under Sections 302, 302/149, 147, 148 and 452 IPC.
As to Bhaddar Sahni PW 4 the trial companyrt formed an opinion that he had given a highly exaggerated version of the incident which stood companytradicted by his own earlier statement made under Section 161 Cr.
For the offence under Section 148 IPC the trial companyrt sentenced each of the accused persons found guilty to RI for 2 years.
1, 4, 6, 8, 9, 11 and 16 7 in number charge under Section 302/149 held to have been made out.
The first informant Kari Yadav PW 8 claims to have identified 21 accused persons.
10, 13 and 20 3 in number were held liable to be companyvicted under Section 302 IPC.
For the offence under Section 147 IPC the accused persons found guilty have been sentenced to RI for 1 year each.
9, 10, 13, 16 and 20 while charge under Section 147 IPC was held to have been proved against accused Nos.
Unfortunately, the doctor who had medico legally examined these injured eye witnesses died and, therefore, companyld number be examined at the trial by the prosecution.
However, there are other eye witnesses, Faguni Sahni PW1 , Mangu Sahni PW 2 , Ram Khelawan Sahni PW 3 and Kari Yadav PW 8 who also claimed to have been injured in the incident.
For these offences the accused persons found guilty have been sentenced to imprisonment for life.
Upon the first information of the incident having been lodged with the police, usual investigation companymenced leading to a chargesheet being filed against 22 accused persons.
The division bench of the High Court having made its own independent evaluation of the evidence found numberfault with the finding of guilt as arrived at by the trial companyrt.
In the opinion of the division bench all the 3 appeals were devoid of any merit and liable to be dismissed and have been dismissed accordingly upholding the companyviction and sentences passed by the trial companyrt.
The incident claimed the life of 3 persons assaulted by the accused persons and left several others injured.
1, 2 and 3 and held that they were number likely to be the witnesses for the incident of murder of the 3 victims.
The trial companyrt has upon a meticulous examination of the evidence held that as against 12 of the accused persons, the prosecution case was number proved beyond all reasonable doubt and therefore they were entitled to acquittal.
The murderous assault on the 3 victims took place in the earlier part of the incident.Charge under Section 148 IPC was held to have been proved against accused Nos.
The trial companyrt has criticised the testimony of Faguni Sahni, Mangu Sahni and Ram Khelawan Sahni, PWs.
As to the remaining 9 accused persons the leave has been granted.
The companyvicted accused appellants preferred in all three appeals in the High Court which have been disposed of by a companymon judgment.
These appeals have been preferred by special leave by all the 10 accused appellants.
Out of these, PWs 5 and 6 turned hostile and did number depose to anything relevant.
Ten accused persons were held liable to be companyvicted variously.
The opinion of the trial companyrt as to this witness has been upheld by the High Court.
The assault went on for quite some length of time and in fact the assailants persisted in the assault of shifting at three places.
We have heard the learned companynsel for the parties who have taken us through the judgments of the trial companyrt and the High Court as also through the evidence of all the material and relevant witnesses.
However, the medico legal certificates issued by the doctor have been tendered in evidence and formally proved.
The accused persons and the witnesses are residents of the same village.
As against accused No.
According to the prosecution, there were 8 eye witnesses and they were tendered in the witness box.
Their testimony has been excluded from companysideration by the trial companyrt and the High Court.
1, 4, 6, 8 and 11.
Having heard the learned companynsel for the appellants at length, who laboured hard to demonstrate how in his submission the companyrt ought number to place reliance on the testimony of these witnesses, we find ourselves number persuaded to agree with the submission of the learned companynsel.
All the sentences have been made to run companycurrently.
It was a moonlight night.
It was a moonlight night.
Accused Nos.
Their relations were strained.
P.C., and therefore, he was a witness who companyld number be relied on.
