The seven appellants in this appeal and one Harihar Gope were tried before the Additional Sessions Judge, Patna, for offences under s. 302 read with ss.
He accordingly recorded an order of companyviction against Harihar Gope of the offence under s. 302 I.P. Code and against the other appellants for the offence under s. 302 read with s. 149 I.P. Code.
The State has number appealed against that order of acquittal.
145 of 1966.
Appeal by special leave from the judgment and order dated January 29, 1966 of the Patna High Court in Criminal Appeal No.
and that the name of Harihar Gope was number mentioned in the first information which was given at the police station in the presence of the witnesses who deposed to the assault made on Budhia by Harihar Gope.
The Sessions Judge held, relying on the evidence of four witnesses P.Ws.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
to rescue their cattle which had damaged the maize crop of Budhia and had on that account been detained by the villagers, and to assault persons resisting the rescue, and had caused injuries to the victims as a result of which Budhia died.
The Judgment of the Court was delivered by Shah, J. At mid day on July 2, 1962, an unlawful assembly about 30 persons armed with lethal weapons made an assault upon certain villagers of Mananki Khandha who were engaged in agricultural operations and caused injuries to six persons.
Budhia one of the persons injured died as a result of the injuries, a few hours after the assault.
P. Jha, for the respondent.
Goburdhun, for the appellants.
231 of 1963.
5, 8, 12 and 18, that Harihar Gope had caused injuries with a spear to Budhia which resulted in her death.
