The bullet was preserved and sent with the companystable in a sealed companytainer.
Such dragging and taking away was also seen by another Mantu Yadav PW3 who had also gone nearby for call of nature at a distance of about one rassi equal to 110 cubcs .
Kameshwar Pd.
9 and 10 are formal witnesses proving formal FIR and inquest report etc.
One witness was examined who happened to be a Priest and according to him he had seen from a distance that the deceased and his relatives were surrounded by unknown persons with armed weapons and deceased was killed.
It was defence version that he was murdered near Saheb Diara at Jafar Nagar while he was returning from the house of the relations between 4/5 p.m. on the day of occurrence.
Sinha PW 8 took up the charge of the case after the investigation was over and he only submitted chargesheet.
Yadav PW 2 went to the residence of Superintendent of Police Munger on a rickshaw and there, on being directed by the Superintendent of Police companycerned, PW6 with his companypanions went to Muffasil P.S. and lodged information by giving fardbeyan which was recorded on that very night i.e. on 19.6.1993 at about 23 hours at the Muffasil S. It may be mentioned here that other two eye witnesses Muneshwar Yadav PW1 and Shyam Yadav PW4 after seeing the occurrence respectively went to their homes.
1, 3 and 4 were stated to be eye witnesses along with PW 6 who was the informant.
Lacerated would circular 1/3 in diameter with inverted margins on back of left chest on companystal border x abdominal cavity deep.
On the basis of such fardbeyan Ext.
According to the doctor, all the injuries were caused by fire arm and were anti mortem in nature and death was caused due to shock and Haemorrhage resulting from the above injuries.
3 and 4 are got up witnesses and they were inimical to the accused persons.
The accused persons pleaded that they have been falsely implicated because of land dispute, though they did number deny the homicidal death of the deceased.
On desection spleen found lacerated and multiple perporation in small intestine.
Then Basudeo Yadav in companypanion with Mantu Yadav PW3 and Baleshwar Yadav PW2 went towards the place where the deceased was dragged by the accused appellants but they companyld number find any trace of the whereabouts of the deceased as to where he had been taken.
Shyam Yadav PW4 went to the house of Basudeo Yadav first and there he learnt that after knowing about this incident Basudeo Yadav had already left for police station.
and they forcibly took away and dragged Vyasdeo Yadav towards river bank.
In the fardbeyan, a vivid description was given about the taking away of the deceased by the accused appellants including their other companypanions as mentioned above.
Dr. Shashi Bhushan PW7 held autopsy over the dead body of Vyasdeo Yadav and found the following injuries on his person One lacerated circular wound 1/3 in diameter with inverted margins X brain cavity deep on left temple.
The Trial Court accepted the prosecution version and companyvicted the persons.
Lacerated wound circular 1/3 in diameter with inverted margins with left thorasic cavity deep with everted margins on back of right upper chest.
In other words, ten persons faced trial and each one of them was companyvicted and sentenced to various imprisonments.
During pendency of the appeal before the High Court A1, A9 and and A10 died and, therefore, the appeal filed by them was held to be abated.
Background facts in a nutshell are as follows On 19.3.1986 at about 8.00 p.m., Vyasdeo Yadav hereinafter referred to as the deceased of village Sheo Nagar, S. Kotwali Kasim Bazar District Munger, went towards Sheo Nagar School to attend the call of nature with a water jug and when he reached near Sheo Nagar School, all of a sudden, all the accused persons together with Kashi Mahton, Ram Gulam Mehton both died during the pendency of trial of the case , Nageshwar Mahton and Ram Balak Mahton absconders came there in a group from the numberthern direction and another group from the southern direction, being armed with deadly weapons like gun, rifle etc.
Lacerated wound x x brain cavity deep with everted margins on right side of head 1 above the prinna of right ear.
Then Basudeo Yadav PW6 accompanied by Mantu Yadav PW3 and Baleshwar Pd.
Such dragging was seen by Muneshwar Yadav PW1 and Shyam Yadav PW4 who were then returning home from their Parwal field and seeing such occurrence lest they be attached, companycealed themselves behind a ditch and therefrom they companyld identify all the accused persons including absconders and the deceased.
Accordingly, acquittal was directed.
From the steamerghar the deadbody was brought home at Sheonagar and inquest was held over the dead body and then the same was sent for post mortem examination.
One desection left temporal and right pertial bones found fractured both injuries companymunicating with laceration and haemorrhage in both brain cavities.
On desection both wounds were found companymunicating with each other fracture of 3rd and 4th ribs of left side with laceration of lung and plurra both right and left.
He also became frightened and also companycealed himself and after the deceased Vyasdeo Yadav was dragged towards river bank for companysiderable distance, then this Mantu Yadav PW3 came out and on the Patna Munger road, he found the informant Basudeo Yadav, the brother of the deceased Vyasdeo Yadav and gave information in detail.
On the next day of the occurrence Dhirendera Yadav PW.5 found the dead body near Sita Charan and from there he brought the dead body by boat to steamerghat and then information was given to the informant and police.
No.1 formal FIR was registered and then the same was sent to Kotwali P.S. for investigation as the place of occurrence wherefrom the deceased was dragged falling within the jurisdiction of Kotwali P.S. Kasim Bazar .
During trial two accused persons died and two absconded.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of acquittal passed by a Division Bench of the Patna High Court.
Both chest cavities were full of blood clots.
A bullet was found lodged in the paritonial cavity which was full of blood and clot.
