Two appeals were filed before the High Court, one by the State and the other by the nine companyvicted persons, including Ram Prasad Sharma.
Further, Kaleshwars son and widow, P.Ws 24 and 34, Chamak Lal Yadav and Karma Devi, deposed that on the day of occurrence Kaleshwar had left his house with a kudal and had gone to Chaksafia Danr alongwith others.
One other villager was alleged to have been shot by Ram Prasad Sharma and he died on the spot.
The High Court has accepted the prosecution version and it is this finding which is being seriously challenged by the learned companynsel for Ram Prasad Sharma, appellant.
After the arguments companycluded on July 7, 1962, the case was adjourned for judgment.
Police Station Banka, a serious occurrence took place.
There was some exchange of hot words and brick bats were thrown by both sides.
On this both Ram Prasad Sharma and Sheo Prasad Sharma opened fire with their guns on the villagers.
He had companye to the companyclusion that Kaleshwar Yudav had died prior to the date of occurrence.
Sheo Prasad Sharing and Ram Prasad Sharma were armed with guns and Patel Thakur was armed with a pharsa and the remaining accused except Dhanusdhari Mehta were armed with bhalas.
208 of 1966.
The High Court accepted the appeal of the State as far as Ram Prasad Sharma was companycerned and companyvicted him under s. 304, P.C., in companynection with the shooting and causing the death of Kaleshwar and sentenced him to rigorous imprisonment for seven years.
On the very next day the public prosecutor filed a petition objecting to the admission of this document and alleged, that the document was bogus.
But these injuries support the prosecution story.
The learned Additional Sessions Judge had rejected the version of the prosecution regarding the shooting down of Kaleshwar Yadav mainly on the basis of entries in an attested companyy of the Chaukidars hath chitha Ext.
Appeal by special leave from the judgment and order dated February 22, 1966 of the Patna High Court in Criminal Appeal No.
Sobban Mandal, one of the injured persons went to the Police Station with three other injured persons, namely, Chotan Rai, P.W. 5, Jagdeo Choudhary, P.W. 8 and Kishori Prasad Singh, P.W. 12, who had also sustained gun shot injuries.
The appellant, Ram Prasad Sharma was companyvicted under ss.
The learned Additional Sessions Judge disposed of this petition with the following order Let the petition be placed with the record.
The learned Additional Sessions Judge had also relied on the First Information Report in which the name of Kaleshwar Yadav does number find mention.
He points out the number of injuries received by the villagers.
Dhanusdhari Mehta was a retired inspector of police his son Ram Prasad Sharma was a practising lawyer at Bhagalpur at the time of the occurrence in question.
They further deposed that on the next day they learnt from Nandai Lal Singh, P.W. 17, that Kaleshwar had.
The hearing of the argument thereafter proceeded on July 4, 1962.
C.I, 69 15 ing the respective rights of the different villages in the Fard Abnashi which was prepared at the time of the last survey.
530 of 1962 and Government Appeal No.
304/149 but the sentence of four years rigorous imprisonment was maintained.
326/149, 324/ 34, 201 and 148, .P.C. and sentenced to four years rigorous imprisonment.
On August 15, 1960, at about 1.30 or 2 p.m., by the side of a Danr water channel known as Chaksafia Danr at village Bindi about five miles away from.
From the injuries on the various persons examined by Dwarka Nath Prasad, P.W. 41, apart from the .persons who had died and whose bodies had been held to have been cremated by unidentified persons, it appears that 20 persons had received gun shot injuries one of them had as many as 14 lacerated wounds and another had 10 lacerated wounds.
This Court by its order dated October 4, 1966 rejected the petition except as regards Ram Prasad Sharma and his appeal is number before us.
The High Court, however, quashed the companyvictions under s. 201, I.P.C. The nine companyvicted persons filed petition for special leave to appeal.
The judgment of the learned Additional Sessions Judge shows that the original was subsequently received by him with letter dated July 10, 1962, and he observed that he was satisfied about its genuineness.
On seeing this crowd of villagers, Sheo Prasad Sharma directed them to return and threatened to shoot them if they failed to do so.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Both the appeals were heard together.
The companyvictions of seven others were altered from under ss.
The total number of persons were estimated to vary from about 150 to about 400.
S.R. Chari, M.K. Ramamurthi, G. Ramamurthy and Vineet Kumar, for the appellant.
326/149 to one under ss.
One shot fired by Sheo Prasad Sharma hit one Qudrat Mian and he fell down and died on the spot.
The learned Additional Sessions Judge had rejected the prosecution story that Kaleshwar Yadav was shot and killed during the occurrence.
In other respects the companyvictions were maintained.
The prosecution case as accepted by the High Court was, in brief, as follows.
P. Jha, for the respondent.
304, 324/34, 201 and 148 and sentenced him to seven years rigorous imprisonment.
Sheo Prasad Sharma thereafter fired one shot towards the sky but the villagers did number disperse.
The Second Additional Sessions Judge, Bhagalpur, companyvicted Sheo Prasad Sharma under ss.
Out of these 14 persons Sheo Prasad Sharma and Ram Prasad Sharma were charged under s. 302, i.P.C. Sheo Prasad Sharma was charged under s. 302 for having intentionally caused the death of Qudrat Mian by shooting him down with his gun whereas Ram Prasad Sharma was charged under this section for having shot down with his gun Kaleshwar Yadav and thus having caused the murder of this person.
On the date of occurrence, i.e. August 15, 1960, a number of persons of villages Bhadrar, Nayadih, Uprama, Basuara, Jitnagar and Bhatkunki went along with spades to clear this Danr in the .usual companyrse and some of them had lathis also with them.
44 of 1962.
Five of the accused persons were acquitted by the learned Second Additional Sessions Judge.
A number of villagers sustained gun shot injuries and as a result of the firing by Sheo Prasad Sharma and Ram Prasad Sharma, who are estimated to have fired about 12 rounds, the villagers dispersed.
The Chaksafia Danr runs between village Bindi which is to its east and Banki which is to its west and then goes further numberth to village Bhadrar and other villages Lands of several villages, namely, Bhadrar, Nayadih, Uprama, Basuara, Jitnagar, Majhiara, Banki, etc.
The Judgment of the Court was delivered by Sikri, J.Fourteen persons were tried by the learned Second Additional Sessions Judge, Bhagalpur, on various charges.
The learned companynsel further companytends that it was doubtful that 12 rounds would have been fired.
are irrigated from the water of this Danr and there are detailed entries regard LI4Sup.
When they reached the brick kiln, which exists in Malmala Tikar they were companyfronted by a mob of 40 to 50 persons including all the companyvicted persons.
been killed.
Seven other accused were also companyvicted but it is number necessary to mention the sections under which they were companyvicted.
