This being so, the admission companytained in Ext.
Ajo P.W. 8 , the wife.
He sentenced each of the three to death.
The prosecution story is briefly as follows On March 17, 1959 at about 8.00 p.m. the chaukidars of the village Fateha had assembled,.
In an adjacent room were P.W.11 Nathuni Chaudhary alias Durga Das and P.W.12 Ramchander Jha.
Upon this Ramehandra Chaudhary let go the hand of Misri Paswan and fired at the deceased.
He lodged the first information report at the police station.
After the moon had set and it became dark, he went to the house of Fakir Paswan W. 4 , which is to the east of the house of Peare Sao, and narrated the occurrence to him.
Ramchandra and Jogendra have been identified number only by Misri Paswan, but also by five other wit.
Thereafter he came out into the lane and companycealed himself behind the door.
Anandi Paswan and Misri Paswan were lying on a chouki.
They have companye up before this Court by special leave.
of Peare Sao who forced him to leave the house.
Appeals by special leave from the judgment and order dated August 10, 1961, of the Patna High Court in Cr.
In the early hours of the morning he went to the place where gun shots were fired, and found Anandi Paswan, chaukidar lying dead in a ditch by the side of the road, face downwards.
178 of 1961 of an offence under s. 302 read with s. 34, Indian Penal Code.
The other two choukidars were lying on the ground.
The crime centre is housed in the dalan of Tilak.
3 of 1961.
He mentioned Ramchandra and Jogendra as the two persons who has taken part in the incident.
177 of 1961 for an offence under s. 302 Indian Penal Code.
Their names are Anandi Paswan, deceased , Misri Paswan P.W.2 , Baleshwar Paswan P.W.3 and Narain Paswan.
It was a moonlit night and they saw Ramchander Chaudhary, Jogendra Chaudhary and another person, who was later identi fied to be Nepali Master, standing closeby.
He placed them in charge of the dead body and then went to the police station along with Ramdeo, son of the deceased.
Sushil Kumar Jha, Subodh Kumar Jha and C. Prashad, for the appellants.
K. Daphtary, Solicitor General of India and S. P. Verma, for the respondents.
After recording it, the junior Sub Inspector of police companymenced investigation and after companypleting it submitted a charge sheet against the three appellants on March 15, 1959.
J. This judgment will govern Criminal Appeals number.
When this party reached the place to the west of one Peare Saos house and to the east of the house of Rampratap Tanti P.W. 5 .
All the appellants denied having participated in the incident.
It is the prosecution case that the appellants are veteran criminals and the chaukidars used to report about their movements and that this was the motive for the murder.
Thereafter he went home and companytacted the other chaukidar, Narain Paswan and Baleswar Paswan.
Misri Paswan then ran into the house of Peare Sao and took shelter there.
These three persons then took the deceased and Misri Paswan to the road to the East of the dalan, running numberth to south, and proceeded southward.
Both Ramchandra Chaudhary and Jogendra Chau dhary had guns with them which were slung across their shoulders.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
As soon as they went towards the appellants, Jogendra Chaudhary and Nepali Master caught the deceased while Ramchandra Chaudhary caught Misri Paswan.
nesses, Narain Paswan, Rampratap Tanti, Srilal Chaudhary, Nathuni Chaudhary and Ramchander Jha.
The Judgment of the Court was delivered by MUDHOLKAR.,
His presence in the house was detected by.
The defence is that a false case has been companycocted by the police.
as usual, in the crime centre of the village.
Regarding the third appellant, he stated that he was unknown.
Chaudhary P.W.6 .
Neither the deceased number Misri Paswan raised any cry, apparently because they were threatened that if they did so, they would be shot.
The learned Additional Sessions Judge, Monghyr who companyducted the trial companyvicted the appellant, Ramchandra Chaudhary who is appellant in Criminal Appeal No.
A. No.
152 of 1961 and Death Reference No.
176 to 178 of 1961.
Both the documents were examined by him.
Their appeals were dismissed by the High Court of Patna, and sentences of death passed against them were companyfirmed by it.
April 26.
According to the prosecution a little before 9.00 p.m. someone from outside called out Darogaji.
These weapons is well as the shirt of ,he deceased were kept on the chouki.
It was further said that the deceased had helped the Dalsingsarai police in arresting one Motia Mushar, who was the ploughman of the appellant Ramchandra, in a dacoity case.
All these three appeals arise out of the same trial.
On hearing this, the deceased Anandi Paswan and Misri Paswan got up.
177 and 178 also.
the deceased called for Ramprataps help, and freeing himself from the clutches of his captors started running way westward.,
Anandi Paswan had a bhala and a muretha while Misri Paswan had a pharsa and a muretha.
He numbericed that Anandi Paswan had received two gun shot wounds on his back.
He also companyvicted Baleshwar Rai alias Nepali Master, appellant in this appeal and Jogendra Chaudhary, appellant in Criminal Appeal No.
While entering that house, he heard a second gun shot.
