Hearing the alarm raised by the injured, the other witnesses came there and the appellants fled the place immediately.
The findings of the High Court are challenged before us.
Then they started assaulting Shiv Shankar Singh with Lathis.
The other appellants, who were hiding in the nearby Arhar field armed with Lathis fitted with iron rings, came out and assaulted Moti Chand who fell on the ground.
He held an inquest over the dead body and also prepared a scene mahzar and took custody of the motorcycle.
These facts, according to the companynsel for the appellants, proved that Moti Chand was number an independent witness.
The doctor was of opinion that there were multiple fractures of the skull.
Moti Chand was sent for medical examination by the S.H.O., who then immediately proceeded to the scene of occurrence.
The father in law of the deceased was number examined as a witness.
The learned Sessions Judge as well as the High Court relied on the evidence of PW 1 Moti Chand and PW 2 Rama Shankar Singh and PW 6 Satya Narain Singh and companyvicted the appellants.
Bansh Narain Singh shouted that Shiv Shankar Singh shall number be spared.
Injured Moti Chand proceeded to the nearby Phoolpur Police Station and gave the F.I. statement at about 9.45 A.M. on 12.10.1979.
Deceased Shiv Shankar Singh had gone to witness the said mela.
There, he met PW 1 Moti Chand.
Moti Chand was driving the motorcycle while deceased Shiv Shankar Singh pillion riding the same.
Shiv Shankar Singh sustained various injuries and died on the spot.
On the next day, i.e. 12.10.1979, at about 8.00 A.M., both Moti Chand and Shiv Shankar Singh left the house on a motorcycle.
Deceased Shiv Shankar Singh was a resident of Phoolpur village in the Varanasi district.
He recorded the statements of Moti Chand and other witnesses, namely, Jagdish, Satya Narain, Rama Shankar Singh and Matter Raj Narain and Ram Murat.
On 11.10.1979, there was a Bharat Milap mela at Mangari Bazar.
Later, the dead body was sent for post mortem.
When they reached near the pumping house of one Bhaggan Singh Vibhuti Narain Singh, the appellant Bansh Narain Singh came all of a sudden and intercepted the motorcycle.
They preferred an appeal before the High Court of Allahabad.
On 15.10.1979, the Investigating Officer arrested the appellants and filed the final report.
G. BALAKRISHNAN, J. These five appellants were found guilty of murder by the District and Sessions Judge, Varanasi, for having caused the death of one Shiv Shankar Singh.
