After few minutes the Jail companystables came there blowing whistles and during that period there was a great stampede and deceased Sudhir Singh in an unconscious state along with the injured informant was shifted to R.M.C.H. Ranchi for treatment where the informant was undergoing treatment.
Twelve witnesses were examined on behalf of the accused persons who pleaded innocence and false implication.
But Sudhir Singh died on his way to the Hospital.
Same was also rejected by order dated 5.9.2001.
So far as one of the points which was highlighted was that numbercogent reasons have been given to discard the prayer made by PW 6 for his fresh examination.
The trial Court found the accused persons guilty on companysideration of the evidence led by the prosecution by examining 18 witnesses.
The petition of PW 6 was companysidered in detail by the Trial Court and was rejected by order dated 8.8.2001.
This aspect was specifically urged before the High Court and has been companysidered.
Both the orders dated 8.8.2001 and 5.9.2001 attained finality and also do number suffer from any infirmity.
It was held that the plea appeared to be after thought and there was numbercogent reason for accepting the prayer.
They took a specific stand that they were in their wards inside the jail and, therefore, the question of companymitting any murder was totally improbable.
It appears that accused persons had filed an application on 3.7.2001 with a prayer to examine PW 6.
The Trial Court recorded companyviction and awarded sentences as afore noted.
8/1 was drawn up.
The informant PW 6 also fell down being injured and other persons aforesaid also assaulted him by kicks and fists.
Appellant Anil Sharma was sentenced to death.
There was then the ringing of alarm bell.
In view of the death sentence imposed on accused Anil Sharma a reference was made to the Jharkhand High Court under Section 366 of the Code of Criminal Procedure, 1973 in short the Code .
The informant PW 6 requested appellant Anil Sharma to let off and leave deceased Sudhir Singh and also enquired as to what is the matter, but numberavail and the deceased fell on the ground as a result of injuries sustained.
There was numberreport made by Hare Ram Singh PW 6 as claimed.
For its companyclusions Trial Court primarily relied on evidence of PWs 5 and 6, who claimed to be eye witnesses.
12/99 was registered at 11.00 A.M. on that day and formal F.I.R. Ext.
The occurrence is said to have taken place at 6.45 A.M. on that day in Ward No.
Appellant Anil Sharma thereafter mounted attack on the informant and inflicted a blow on his neck by Chhura and appellant Sushil Srivastava and Niranjan Kumar Singh assaulted him by Chhura causing bleeding injury on his head and left hand respectively.
The said Fardbayan Ext.8 along with the formal F.I.R. Ext.8/1 was received in the companyrt of C.J.M., Ranchi on 23.01.1999.
Soon thereafter, when he was talking with deceased Sudhir Singh, accused appellants Anil Sharma, Sushil Srivastava, Niranjan Kumar Singh, Md. Hasim Madhu Mian all armed with Chhura, Bablu Srivastava and Gopal Das armed with belt and iron rod respectively along with 10 or 12 other persons came near deceased Sudhir Singh and appellant Anil Sharma caught hold of his companylar and at this stage deceased asked as to what has happened, brother and in the meantime appellant Anil Sharma assaulted him by Chhura and appellant Sushil Srivastava, Niranjan Kumar Singh and Md. Hasim Madhu Mian made assault on him by Chhura with which they were armed and appellant Bablu Srivastava and Gopal Das also assaulted him by belt and iron rod respectively, besides 10 or 12 other persons aforesaid who had surrounded and assaulted him.
