The appellant, however, pleaded that the accused Gopi was in the service of P.W.1 but two or three days prior to the occurrence he started working at his house which was resented by P.W.1 and he abused and hit Gopi who reported the matter to the appellant and went to the chaupal of Girendra Pal Singh and companyplained about his behaviour.
The injuries on the appellant were rather superficial except one injury a scalp deep lacerated wound which was also a simple injury.
So far as the appellant is companycerned, the High Court accepted his presence at the scene of occurrence as it was number in dispute.
The accused pleaded number guilty.
In that case P.W.1 Girendra Pal Singh and P.W.2 Ishwari Singh were witnesses.
The High Court acquitted other accused giving them benefit of doubt.
The High Court also companysidered the appellants plea that he had right of self defence but rejected the same and accordingly companyvicted him.
The appellant was also examined and the Doctor found on him, a companytusion on the fore arm, an abrasion on the right elbow and a lacerated wound scalp deep above occipital prominence.
The deceased and others went towards that house.
On 19.6.74 at about 7 or 7.30 P.M., P.Ws.
The Doctor, who companyducted the post mortem, found four gun shot injuries on the dead body.
It was he who shot five times and deceased received two shots and died on the spot and P.W.2 also received gun shot injuries.
The High Court acquitted the six others but companyfirmed the companyvictions and sentences passed against the appellant.
The prosecution case is as follows.
He also examined P.W.2 on whom he found two gun shot injuries.
The case was fixed for hearing four or five days after the occurrence in question.
At the direction of Rambir the accused removed the body of the deceased.
There they found the appellant and one Nannua armed with gauss and other accused armed with lathis.
Then P.W.1 and his companypanions beat him with lathis and having received injuries he and his father Rambir went to the Police Station.
The deceased fell down and died.
The other accused were tried under Sections 302/149 I.P.C. The appellant was also tried for an offence punishable under Section 307 I.P.C. for causing injuries to P.W.2.
Then Rambir exhorted his son Dhananjai, the appellant kill them whereupon Dhananjai fired five shots which hit the deceased and also P.W.2.
Ganga Devi wife of Girendra Pal Singhs brother to call the male members of the family and they tried to beat Girendra Pal Singh who wielded his danda in self defence.
Six other accused were companyvicted under Sections 302/149 I.P.C. and sentenced to imprisonment for life.
P.W.2 was already examined.
All the companyvicted accused preferred an appeal to the High Court.
1 and 2 and the deceased with some others were sitting at the chaupal of P.W.1.
The appellant was also companyvicted under Section 307 I.P.C. and sentenced to undergo five years R.L for causing the gun shot injuries to P.W.2.
Hence the present appeals.
The accused asked Smt.
Girendra Pal Singh, P.W.1 gave the F.I.R. The police arrived at the scene of occurrence, held the inquest over the dead body and sent the same for postmortem.
They heard some numberse companying from the house of Girendra Pal Singh.
The remaining six accused were acquitted.
The Doctor opined that all these injuries were simple.
Jayachandra Reddy, J. The sole appellant herein was tried along with 12 others for an offence punishable under Section 302 I.P.C. for causing the death of one Sheodan.
One Khazan filed a criminal case against Rambir, one of the acquitted accused, prior to the occurrence.
The trial companyrt companyvicted the appellant under Section 302 I.P.C. and sentenced him to undergo imprisonment for life.
