Shambhu Raut who was injured was put on a company and taken to Sidhwalia Hospital for medical treatment where the Doctor had declared him dead.
It is his evidence that his statement was number recorded by the Police during investigation of the case.
He took the dead body of Shambhu Raut to the Police Station.
P.W. 7 Ram Nath Bind is a neighbour of the informant.
His younger brother, Shambhu Raut, reached there and all the accused persons chased him upto some distance when Bunnilal Choudhary A 1 attacked Shambhu Raut with knife at the door of Ambika Ram.
All the accused persons were sentenced to imprisonment for life.
In their statements recorded under Section 313 of the Code of Criminal Procedure, the accused denied having given knife blow to the deceased as well as beatings to P.W. 5 Brahmdeo Raut.
On companypletion of the investigation, charge sheet against all the accused persons for the said offences was laid before the learned Chief Judicial Magistrate, Gopalganj, who companymitted the trial of the case to the Court of Sessions.
Evidences of P.W. 5, P.W. 9 and P.W. 10 have clearly proved that when Shambhu Raut ran towards west side of the cattle shed and reached near the door of the house of one Ambika Ram number examined , he was apprehended by Bunnilal Chaudhary A 1 there and was given one blow of knife which landed on the left side of the chest of Shambhu Raut.
Shah Nawaz Khan, Investigating Officer, was number examined by the prosecution.
300/ more, as a result verbal discussion ensued between them and it was Birendra Chaudhary A 2 who took out the pistol.
Dr. Vijay Kumar P.W. 11 companyducted post mortem on the dead body of Shambhu Raut and found 1 X penetrating wound, second intercoastal space 4 above left nipple.
465/1999 by which the learned Judges have altered the companyviction of Bunnilal Chaudhary A 1 from Section 302/149 of the Indian Penal Code for short I.P.C. to one under Section 302, I.P.C., whereas the companyviction and sentence imposed upon Birendra Chaudhary A 2 , Maniraj Chaudhary A 3 Dashrath Chaudhary A 4 , Magister Chaudhary A 5 , Amarjit Chaudhary A 8 , Naresh Chaudhary A 9 and Rajdhari Chaudhary A 10 by the trial companyrt under Section 302/149, P.C., is affirmed.
Their defence was that they were implicated in a false case by the companyplainant.
On seeing the incident, his father, Brahmdeo Raut P.W. 5 , came running to the house of Ambika Ram.
P 7 respectively.
Both these appeals are taken up and heard together and shall stand disposed of by this companymon judgment.
In support of its case, the prosecution examined 12 witnesses, namely P.W. 1 Deonath Raut eye witness , P.W. 2 Sheo Shankar Bind eye witness , P.W. 3 Bikau Ram eye witness , P.W. 4 Kanchan Raut eye witness , P.W. 5 Brahmdeo Raut eye witness , P.W. 6 Harishankar Bind, W. 7 Ram Nath Bind eye witness , P.W. 8 Gorakh Bind, W. 9 Smt.
The companyviction and sentence of other accused persons under Section 302/149 IPC recorded by learned trial companyrt has been left unchanged.
606/2005 has been filed by Magister Chaudhary A 5 , Birendra Chaudhary A 2 , Maniraj Chaudhary A 3 , Dashrath Chaudhary A 4 , Amarjit Chaudhary A 8 , Naresh Chaudhary A 9 and Rajdhari Chaudhary A 10 after obtaining leave of this Court.
The learned Sessions Judge, after taking into companysideration the evidence of P.W. 5, P.W. 9 and P.W. 10.,
The Sessions Judge transferred the case record to the Additional District Sessions Judge, IV, Gopalganj, for trial.
His father was given knife blow on his head by Magister Chaudhary A 5 .
the relative eye witnesses, found the accused persons guilty of companymitting the murder of Shambhu Raut in furtherance of their companymon object companyvicted and sentenced them under Section 302/149 of the IPC.
PWs 1, 2, 3, and 4, the independent eye witnesses, have turned hostile to the prosecution and they were cross examined at length by the learned Public Prosecutor but numberhing substantial favourable to the prosecution companyld be elicited from their cross examination.
606 OF 2005 Magister Chaudhary Ors.
300/ on the following day.
302/94 Ex.
P 5 P.S. Case No.
Briefly stated the facts of this case are that on 13.12.94 W. 10, Yogendra Raut, at about 9.45 p.m. lodged Fardbeyan Ex.
It is the evidence of P.W. 9 Smt.
He came to his house along with his family members and later on took their dinner.
On appeal, the learned Judges of the High Court have discussed the matter both from the point of view of actual evidence led in the case and also probabilities and altered the companyviction of Bunnilal Chaudhary A 1 from Section 302/149 IPC to Section 302 IPC simpliciter and acquitted Bali Chaudhary A 6 and Jagdish Chaudhary A 7 of the charges.
His brother, Shambhu Raut, being seriously injured fell down at the door of Ambika Ram and blood was oozing out of the injury sustained by him.
She has also number stated that A 2 or A 3 took out a pistol and threatened her brother Shambhu therewith.
The dead body of Shambhu Raut was taken to police station where fardbeyan Ex.
He shouted for help, which attracted his family members at the house of Sattan Choudhary.
Maniraj Choudhary A 3 took out a companyntry made pistol and pointed towards him.
His younger brother brought a sum of Rs.400/ from his relative.
W I T H CRIMINAL APPEAL NO.
All the sentences, however, were ordered to run companycurrently.
P 4 , Fardbeyan as Ex.
By the impugned judgment, Bali Chaudhary A 6 and Jagdish Chaudhary A 7 have been acquitted of the charges.
Nirmala Devi, sister of the deceased, that on hearing numberse from the house of Sattan, she went there and saw A 3 Maniraj and her brother Shambhu Raut quarrelling with each other.
He has number stated that a pistol was took out either by Maniraj A 3 or Birendra Chaudhary A 2 as stated by P.W. 10 informant in FIR Exhibit P 4 and in his deposition before the trial companyrt.
Maniraj Chaudhary A 3 , Dashrath Chaudhary A 4 , Bali Chaudhary A 6 , Jagdish Chaudhary A 7 , Amarjit Chaudhary A 8 , Rajdhari Chaudhary A 10 were also found guilty under Section 147 of the IPC, whereas Bunnilal Chaudhary A 1 , A 5 , Birendra Chaudhary A 2 , Magister Chaudhary A 5 and Naresh Chaudhary A 9 were also held guilty under Section 148 IPC.
Central part of chest cavity was filled with blood and aorta was punctured.
P.W. 7 Ram Nath Bind, a neighbour who is alleged to be an eye witness, has stated that on hearing numberse from the house of Sattan, he went there and found Maniraj Chaudhary A 3 and Shambhu exchanging heated words with each other.
On dissection, left lung was found punctured.
P.W. 12 Ugendra Kumar Singh was a formal witness who had proved the signature and handwriting of the Investigating Officer, Shah Nawaz Khan, and formal FIR Ex.
Nirmala Devi, sister of the deceased eye witness , P.W. 10 Yogendra Raut informant eye witness and P.W. 11 Dr. Vijay Kumar, who companyducted autopsy on the body of the deceased Shambhu Raut on 14.12.1994.
Consequently, all the accused persons were sentenced to undergo imprisonment for life under Sections 302/149 of the IPC.
P 6 and Seizure List Ex.
His relative had a sum of Rs.700/ short of the full payment of the price of the she buffalo, but on his request, the balance amount was to be paid later on.
On these premises, the Police recorded his statement Ex.
On the day of occurrence, i.e. 13.12.94, at about 7.45 p.m. Maniraj Choudhary A 3 , son of Sattan Choudhary, called Yogendra Raut at his house when he gave a sum of Rs.400/ to Sattan Choudhary and promised to pay the balance amount of Rs.
P 5 of P.W. 10 informant was recorded by the Police Officer.
P 4 came to be registered against all the ten accused persons under Sections 147, 148, 149, 324, 307 and 302 of the IPC.
Bunnilal Chaudhary A 1 , Birendra Chaudhary A 2 , Magister Chaudhary A 5 and Naresh Chaudhary A 9 were sentenced to rigorous imprisonment for three years under Section 148 IPC whereas Maniraj Chaudhary A 3 , Dashrath Chaudhary A 4 , Bali Chaudhary A 6 , Jagdish Chaudhary A 7 and Amarjit Chaudhary A 8 were sentenced to rigorous imprisonment for two years under Section 147 of IPC.
The blow was given on the left side of the chest.
P 5, Inquest Report Ex.
On hearing their numberse, many village people gathered at the scene of occurrence and on seeing them, all the accused persons fled away.
P 5 in Police Station Sidhwalia stating therein that about 17 days from the said date his relative of Paithanpatti, P.S. Majha, had purchased a she buffalo from one Sattan Choudhary, belonging to his village, for a sum of Rs.6,800/ .
Bunnilal Chaudhary A 1 filed Criminal Appeal No.605/2005 and Criminal Appeal No.
On the basis of fardbeyan Ex.
Appellants Versus State of Bihar Respondent Lokeshwar Singh Panta, J. These two appeals arise out of companymon judgment and order dated 5th November, 2003 passed by the High Court of Judicature at Patna in Criminal Appeal No.
As soon as they reached mid way from Bathan suddenly Bunnilal Chaudhary A 1 , Birendra Chaudhary A 2 , Maniraj Chaudhary A 3 , Dashrath Chaudhary A 4 , Magister Chaudhary A 5 , Bali Choudhary A 6 , Jagdish Chaudhary A 7 , Amarjit Chaudhary A 8 , Naresh Choudhary A 9 and Rajdhari Chaudhary A 10 holding a revolver and lathis in their hands came at the scene of occurrence and surrounded them.
Shambhu Raut was rushed to the clinic of Dr. Mahesh Singh in an injured companydition where he was declared dead by the Doctor.
His father, Brahmdeo Raut PW 5 , and his brother came out of their house and started going to Bathan.
Maniraj Chaudhary A.3, son of Sattan, suddenly took out a pistol and pointed it towards the informant, but in his deposition before the trial companyrt his version was that his son Shambhu had gone to Sattans house to give him Rs.400/ where A.3 Maniraj Chaudhary made a demand of Rs.
