1, 7 and 8 were number there in FIR PWs.
The deceased protested as to why they were doing so.
The informant, therefore, went to the police station to lodge the report.
Bundeo Jha A l fired at once from his gun.
To substantiate its stand the defence also examined 15 witnesses.
The distance between place from where the A 1 fired and the place where the deceased stood was very short and that was a significant factor.
3, 6 and 9 appeared to have helped the informant in accompanying PW 15 while he was taking injured to the hospital and they were number eyewitnesses.
2003 Supp 4 SCR 208 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. Questioning legality of the judgment whereby Division Bench of Patna High Court directed acquittal of 9 respondents, this appeal has been filed by the informant.
In retaliation the villagers also started pelting stones.
Accused Daya Nand Jha A 7 asked the other members of the mob to leave as a murder had been companymitted Raj Kishore Jha informant with the help of Prem Chandra Jha and Kaushal Kishore Jha and others tried to take the deceased to the hospital for treatment but on the way he breathed his last.
Out of them Hardeo Jha, Chandra Shekhar Jha, Prem Chandra Jha, Bishwanath Jha, Govind Kumar Jha, Deo Chandra Jha PWs 1, 3, 6, 7, 8 and 12 respectively claimed to be eye witnesses, in addition to the informant.
It is to be numbered that the appeal has been filed by the informant and numberappeal has been filed by the State Government.
Non examination of the investigating Officer has number caused any prejudice to the accused.
The accused persons took the plea as evident from the suggestions given to the PWs and examination under Section 313 of the Code of Criminal Procedure, 1973 for short the Cr.
There was longstanding enmity between Rajendra Jha A 6 and one Deo Chandra Jha and there were several rounds of litigations between them.
Appeal No.
They were accused number.
They found Bundeo Jha A l , Bindeshwar Jha, Rajender Jha A 6 , Arjun Jha A 2 , Lalo Jha A 3 , Daya Nand Jha A 7 , Parmanand Jha A 15 , Arjun Jha A 14 , Gopal Jha A 4 , Madnanand Jha A 8 and others were armed with various weapons and came to the Darwaja of Deo Chandra Jha to loot his Khalihan.
5 there were exaggerations made regarding explosion of bomb and looting.
He allegedly suffered homicidal death at the hands of the accused persons.
Originally there were 15 accused persons and 5 of them were acquitted by the trial Court.
Appeal No.
Raj Kishore Jha PW 15 was going with the deceased for a walk in their village towards the chowk.
Total 20 witnesses were examined to further the prosecution version.
The villagers forced the members of the mob to retreat and while they were doing so, Deo Chandra Jha also retreated towards south west while still firing.
Deo Chandra Jha who was armed with a gun opened fired.
3, 8, 11, 12 and 15 were accused in the companynter case and PWs.
The companyvicted accused persons filed appeals before the Patna High Court.
P.C. that on 9.4.1980 at about 5.00 p.m. Sri Kant Jha, the informant along with Deo Chandra Jha, Nawal Kishore Jha and some other PWs and others formed a mob of 50 60 persons and were variously armed and they went to the house of accused Daya Nand Jha.
Investigation was undertaken and charge sheet was placed on companypletion thereof.
The pellets hit deceased on the forehead, front portion of the neck and chest and he fell down unconscious.
With these findings the accused persons were held to be number guilty and acquittal was directed.
After companysidering the evidence on record, the Trial Court found the accusations were number established against 5 persons.
9 to 13.
It recorded the following findings 1 the Investigating Officer who died before companypletion of his testimony had recorded objective findings 2 the place of occurrence might be as has been suggested by the defence 3 the medical evidence is number companysistent with prosecution case as the doctor has stated in his evidence that gun might have been fired from a distance of 70 80 ft while the first information report reveals that it might have been fired from a close range 4 since the Investigating Officer had died, it had caused prejudice due to number examination of the Investigating Officer.
Members of the mob companymitted theft of valuables and one of the gun fires made by Deo Chandra Jha hit deceased which proved fatal.
Accusations which formed foundation for the prosecution case are as follows For Nawal Kishore Jha hereinafter referred to as the deceased 9.4.1980 was the last day in this earth.
485/89 was filed by 9 accused persons, while Crl.
521/89 was filed by one accused.
It was demolished by the findings recorded by the Trial Court who had acquitted te accused persons of the allegations 6 the names of PWs.
Hearing the protestations, Daya Nand Jha A 7 and Rajender Jha A 6 ordered Bundeo Jha A l to shoot down the deceased.
Many persons from the village assembled there and requested the members of the mob to stop, but they did number listen to them and started pelting stones upon the villagers.
They asked him to withdraw the case instituted against some of them and started looting wheat and other articles.
