3 Parmeshwar Singh in which the witness had deposed for Parmeshwar Singh.
All the other accused were companyvicted under Section 302/149, I.P.C. and sentenced to imprisonment for life.
It was also suggested that so far as the accused, other than Ramsagar Singh and Dasrath Singh, were companycerned they had absolutely numberanimus against the two deceased persons, number had they any companynection with the companystruction or demolition of the Marwa and had been especially selected for false implication at the instance of their sworn enemies PWs.
The defence was that numbere of the appellants had participated in the assault at all and the accused had been falsely implicated due to enmity.
Both the High Court and the learned Sessions Judge have clearly found that there was serious enmity between the accused Jagdhari Singh, Jagdish Singh, Lakshmi Singh, Ramprasad Singh and Chhathu Singh on the one hand and PWs.
1 to 4.
Lakshmi Singh is said to have assaulted Chulhai Singh with a bhala in his abdomen and when he fell down he was assaulted with lathis by Chhathu Singh and Ramprasad Sah.
Appellants Lakshmi Singh, Jagdhari Singh, Jagdish Singh, Ramsagar Singh and Dasrath Singh have filed Criminal Appeal No.
The deceased Chulhai and one Ramasray were the first companysins of these two persons and the deceased Brahmdeo was a nephew of Chulhai.
4 Naga Singh was his companysin.
Jagdhari Singh.
3 and others.
1 that PW.1, PW.2 Sitaram Singh and PW.
1 to 4 on the other.
Dasain Singh was also assaulted by Jagdhari Singh when he tried to intervene.
He admits in clear terms that the appellant Ramprasad Sah had instituted a Title Suit No.
4 Naga Singh had deposed for him.
The A.S. I. attached at the Mahnar Police Station reached the hospital at 7.55 p.m. on receiving a slip from the Doctor In charge of the Mahnar Hospital and found Brahmdeo Singh and Chulhai Singh unconscious.
They were resident of village Alipur Hatha, police station Mohnar.
1 has further admitted that there was a Title Suit No.
the facts may be summarised as follows Appellant Ramsagar Singh and his brother Dasrath Singh were full brothers being sons of Maharaj Singh.
After the usual investigation, the police submitted chargesheet against the seven accused who were put on trial and were companyvicted as indicated above.
2 Sitaram Singh admitted that PW.
Ramprasad Sah and Chhathu Singh, though number relations, appear to have been the supporters of these three accused.
Brahmdeo Singh however succumbed to his injuries at Mahnar Hospital, while Chulhai Singh was advised to be taken to a bigger hospital at Hajipur and there he died the next day.
4 Naga Singh were accused in criminal case under Section 302, I.P.C. in which the appellant Jagdhari Singh had deposed against him.
4 Naga Singh were involved in a murder case under Section 302 I.P.C. in which Jagdhari Singh accused was a witness against them.
The defence of Dasrath Singh and Ramsagar Singh was that the two deceased persons and Dasain Singh had trespassed into their plantain orchard and were cutting away a number of plants and leaves, and when Dasrath Singh protested he was assaulted by Dasain Singh and others and thereafter in the mutual fight the two deceased were assaulted in exercise by the accused and others who had assembled nearby.
231/61 against him which is still pending and in which while Jagdhari Singh had deposed against him, PW.
According to the prosecution, Jagdhari Singh gave orders for assaulting the prosecution party and thereupon Ramsagar Singh assaulted Brahmdeo Singh with a bhala on his head, Dasrath Singh hit him with the lathi portion of his Bana while Jagdish Singh and Jagdhari Singh assaulted him with lathis.
Briefly put.
1, PW.
The learned Sessions Judge ordered all the sentences to run companycurrently.
This is an unfortunate case in which two persons appear to have lost their lives over a very petty and trivial dispute.
Apart from this, PW.
Three days later i. e. on April 21, 1966, which according to the prosecution happened to be the day when the Chauthari ceremony had been performed at about 4 P. M. when Dasain Singh his father Chulhai Singh and others were sitting in the house the appellants Ramsagar Singh and Dasrath Singh armed with Bhala and Bana respectively appeared on the scene and asked Chulhai Singh and Dasain Singh to demolish the Marwa.
Similarly PW.
The marriage passed off peacefully and the appellants Ramsagar Singh and Dasrath Singh never objected either to the marriage being held in the companyrt yard or to the companystruction of the Marwa.
479 of 1968 Lakshmi Singh, Jagdhari Singh, Jagdish Singh, Chhathu Singh, Ramprasad Singh or Sah , on the other.
But this fact is companyclusively proved by Ext.
Similarly PW 3 Parmeshwar Singh has also admitted enmity with the group of accused headed by Jagdhari Singh.
1 candidly admits that Ramprasad Sah and Jagdhari Singh and his sons and Chhathu Singh had absolutely numberconcern with the Marwa.
284 and 285 of 1971 by special leave, seven persons, namely, Lakshmi Singh.
284 while Chhathu Singh and Ramprasad Singh alias Ramprasad Sah have filed Appeal No.
The witness sought to deny the allegation that Ramprasad Sah had brought a criminal case against him.
231 of 1961 in the Court of 2nd Munsif, Hajipur, between the appellant Ramprasad Sah and PW.
This led to an exchange of hot words and an altercation in the companyrse of which other five appellants namely, Lakshmi Singh, Ramprasad Singh, Jagdhari Singh, Jagdish Singh and Chhathu Singh joined the two appellants Ramsagar Singh and Dasrath Singh and made a companymon cause with them in assaulting the two deceased persons Chulhai Singh and Brahmdeo.
As however both the appeals arise out of the same judgment, we propose to decide these appeals by one judgment.
Jagdhari Singh is the father of Jagdish Singh and Lakshmi Singh.
Chulhai Singh, however protested and refused to demolish the Marwa because it was customary in the family number to demolish the Marwa until 11/2 months from the date of the marriage had elapsed.
1 Ramji Singh and PW.
Jagdish Singh.
Chhathu Singh, Dasrath Singh, Ramprasad Singh alias Ramprasad Sah and Ramsagar Singh had been put on trial for the murder of two persons, namely, Chulhai and Brahmdeo and were tried by the Sessions Judge, Muzaffarpur, who by his order dated November 30, 1968 companyvicted the appellant Lakshmi Singh under Section 302, I.P.C. to imprisonment for life.
Jaiwanti daughter of Ram dayal Singh one of the sons of Chulhai Singh was married on April 18, 1968 and Dasain Singh and others had fixed a Marwa marriage platform in their companymon companyrt yard.
He tries to deny the knowledge of the Title Suit filed by Ramprasad Sah against the witness and PW Sri Mangal in which Lakshmi Singh was a witness to the service of summons of the suit on him.
The appellants filed two separate appeals before the High Court of Patna which dismissed the appeals and affirmed the companyvictions as also the sentences passed against the appellants.
Ramprasad Sah, Jag dhari Singh, Jagdish Singh and Chhathu Singh were further companyvicted under Section 147, I.P.C. and sentenced to six months rigorous imprisonment.
It appears from the prosecution case that the two families were living together in the same house in different portions having a companymon companyrtyard.
B at page 151 of the Paper Book which is a companyplaint dated June 30, 1962 filed by the appellant Ramprasad Sah against PW.
But this fact is proved by Ext.
He, however, admitted that he along with PW.
Thereafter all the accused persons fled away.
Accused Jagdhari Singh was companyvicted under Section 325, I.P.C. and sentenced to six months rigorous imprisonment, while the accused Ramsagar Singh, Lakshmi Singh and Dasrath Singh were companyvicted under Section 148 I.P.C. and sentenced to one years rigorous imprisonment.
Murtaza Fazl Ali, J. In these criminal appeals Nos.
There was some sort of partition between the two companysins and their children in which portions of the house were allotted to each branch.
1 Ramji Singh and PW.
None of these accused, however, appear to have any companycern or companynection with the deceased or the members of their family, but they have been on inimical terms with PWs 1 to 4.
The ASI recorded the further statement of Dasain Singh which was treated as the First Information Report.
In fact the evidence shows that there were two warring factions in the village one headed by the accused, and the other headed by PWs 1 to 4 and various types of cases were fought between these two groups.
Dasain Singh and his brother Dangroo Singh carried the two deceased persons to Mahnar Hospital on rickshaw, where they were admitted.
