Prosecution witnesses 1 and 12 were sons of the deceased while witnesses Nos.
According to the prosecution further, the assault took place on the western flank of the kutcha road running North to South and adjacent to the sugarcane field of the informant.
At about that hour, his father Rajendra started from the land to return home for his meals and the informant followed him after a little while.
The trial companyrt disbelieved the prosecution case against the accused and acquitted them.
Prosecution witnesses 3 and 4 were arraigned in a proceeding under Section 17 of the Criminal Procedure Code alongwith the other members of the prosecution party.
On their way to the Hospital, at a place called Parsauni about three miles from the place of the incident, Rajendra was placed on a truck for being taken to the hospital.
Thereafter, Mukti Missir PW 12 who is also the son of Rajendra and the brother of the informant and who had also seen the incident, went to the village and brought a company on which Rajendra was taken to his house.
Rajendra fell down and thereafter Shambhoo, Munib and Paltan caught hold of his hands and legs and Sarabjit chopped off his numbere with a hasua.
He also held inquest.
To harvest the crop, his father had engaged some labourers and the crop was, according to him, harvested till about 10.00 AM on that day.
However, on the basis of the medical evidence, the defence has succeeded in establishing that he had died soon after he left his house at 8.00 AM.
On the way home, the informant heard his fathers cry Jan Bachao, and on hearing it he ran towards his father and saw that accused, Shambhoo Missir and Munib Tikulihar appellants in Appeal No.
133 of 1979 assaulting his father with garasa, and Sarabjit Chamar and Paltan Kurmi appellants in Appeal No.
150 of 1979 with sticks.
133/79 and the appellant Sarabjit in Appeal No.
The dead body was taken to the hospital and from there the Sub Inspector of Police, Bettiah PW 14 was informed about it.
It appears that during the pendency of these appeals the appellant Munib in Appeal No.
But on the way, he breathed his last.
The prosecution case further is that Rajendra named the four accused persons as his assailants to whoever came near him at that time without their questioning him about it.
His sentence was directed to run companycurrently.
Dr. Shambhoo Sharan PW 13 who performed the post mortem examination of the dead body, has stated both in his report as well as in his deposition, that there was 8 oz.
The High Court also companyvicted Sarabjit and Paltan appellants in Appeal No.
of undigested food on the stomach of the deceased.
It is aggrieved by this order of companyviction passed by the High Court that the four accused have preferred these two appeals.
The substance of the prosecution case is that the deceased Rajendra died as a result of the assault in question at about 3.00 PM on the very day of the incident.
150/79 died.
It appears that since the incident had taken place within the jurisdiction of Bagaha police station, the Sub Inspector of that police station PW 15 also reached the hospital on getting information and took over the investigation at about 6.10 PM from PW 14.
Against the said acquittal, the State preferred an appeal and the High Court allowed the appeal and companyvicted Shambhoo and Munib, i.e., appellants in Appeal No.
From there, he was taken to Bettin Hospital on a tyre cart.
He came to the hospital and recorded the statement of the informant at about 4.30 PM.
At the instance of both the parties, we went through the entire evidence on record and the judgments of both the trial companyrt as well as the High Court.
Hearing the shouts and cries, several persons arrived and the accused fled away.
On these facts, the four appellants before us were charge sheeted.
The present appeals are pursued by the surviving appellants in each case.
The High Court has also failed to deal effectively with the grounds which impelled the trial companyrt to disbelieve the prosecution evidence against the accused.
3, 4 and all belonged to the party of the prosecution till the deceased was taken to Bettiah hospital.
The prosecution case is that at about 8.00 AM on August 19, 1967, one Dhanushdhari Missir PW 1 who is the informant in the case, left his house alongwith his father, Rajendra Missir to harvest the paddy crop in their land situate to the west of their house.
B. Sawant, J. These are two appeals filed by two different sets of accused who were arraigned as offenders for the incident which took place on August 19, 1967.
If as alleged by the prosecution the death had occurred at 3.00 PM, numbersuch undigested food would have been found in the stomach at that hour when the food was taken by the deceased before 8.00 AM.
