After companymission of the crime all the accused ran away from the spot.
When Hakim Raut protested against the action of the appellants, he was abused and threatened.
They were also companyvicted under Section 148, 147 and 323 of the Code but numberseparate sentences were passed against them.
54 of 1981.
All the accused persons armed with weapons came on spot with two pairs of bullocks and started ploughing the field in possession of Sardari Raut.
At this point of time Sukham Raut, appellant who was armed with spade and lathi directed Bhaiya Mani Raut to attack Sardari Raut.
Bhaiya Mani Raut gave a Tangi blow oh the head of Sardari Raut who started fleeing towards South but fell down in the nearby field whereafter Dewan Raut is alleged to have thrown a stone weighing about 4 kgs on the chest of Sardari Ram resulting in his instantaneous death, Bal Krishnan Raut PW I , Hakim Raut PW 8 , Tarni Raut PW3 were assaulted by the appel lants and inflicted injuries.
The prosecution examined 12 witnesses in support of its case.
The appeals filed by the companyvicts were dismissed vide the judgment impugned in this appeal.
No injuries on the chest was numbericed at the time of post mortem.
2001 Supp 5 SCR 359 The Judgment of the Court delivered by SETHI, J. Appellants along with one Bhaiya Mani Raut Babu Muni Raul were companyvicted under Section 302 read with Section 149 of the Indian Penal Code hereinafter referred to as the Code and sentenced to undergo imprisonment for life.
Special Leave Petition filed by Bhaiya Mani Raul was rejected by this Court vide order dated 6.9.1999.
After investigation, the charge sheet was submitted against all the appellants.
One abrasion on left leg near ankle l/4xl/4.
2, an abrasion on left leg near ankle cannot be attributed to the appellant Dewan.
The appellants pleaded number guilty and stated that they were falsely implicated in the case and that the occurrence had number taken place in the manner as alleged by the prosecution.
Tami Raut PW 3 asked Sat Narain PW 5 to call the Sarpanch and directed Hare Krishna Raut PW9 to inform the police.
First Information Report was lodged by Hare Krishna Raut PW 9 at Police Station Sarawan which was registered as FIR No.
According to them the land where the occurrence took place was in their possession and that the deceased and the prosecution witnesses were the aggressors.
As already numbericed, the trial companyrt companyvicted the accused persons and their appeal was dismissed by the High Court.
