The appellant Ram Bilas Singh is further said to have fired two shots at Deva Singh hitting him on his right thigh.
After that, Ram Bilas Singh Gumasta of Dihara acquitted by the trial companyrt fired a second shot from his gun hitting Laldeo Singh on the abdomen and killing him instantaneously.
147 and 426, I.P.C. but acquitted the appellants 2 and 3 of the offence under s. 323, I.P.C. Briefly stated, the defence of the three appellants was that the appellant Ram Bilas Singh was in possession of the dochara, that it was Laldeo Singh and Deva Singh who threatened to dismantle the dochara and, therefore, they marched there on the date of the incident at the head of a mob companysisting of 15 or 20 persons carrying with them various weapons.
Appeal by special leave from the judgment and order dated November 3, 1960 of the Patna High Court in Criminal Appeal No.
Appellants Ram Naresh Singh and Dinesh Singh are said to have assaulted Deva Singh with lathis as a result of which he fell down and thereafter the mob proceeded to dismantle the Dochara by demolishing its mud pillars, as a result of which its thatched roof fell down.
This shot is said to have hit Laldeo Singh and also Deva Singh.
Having achieved their object, the mob is said to have left the place, taking away along with them a palang, a bamboo company, two quilts, one lantern and one garansa.
The companyrt of Session acquitted both Ram Bilas Singh as well as Ramdeo Singh of the offence under s. 302, I. P.C. and also acquitted all the seven accused persons of the offence under s. 302 read with s. 149, I.P.C. It, however, companyvicted the three appellants before us under s. 304, second part, read with s. 149 of the I.P.C. and under ss.
Jai Gopal Sethi, C.L. Sareen and R. L. Kohli, for the appellants.,
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
73 of 1961.
The prosecution case was that there was a dispute between Ram Bilas Singh of Shahpore and, his two sons Ram Naresh Singh and Dinesh Singh on the one hand appellants before us and Deva Singh P. W. 2 and his brothers on the other with respect to a Dochara in a village Dihara.
On April 22, 1957, at about 9.00 a.m. while Deva Singh, along with his brother Laldeo Singh, the deceased and two other persons Dhunmun Singh P. W. 4 and Dasain Hajam were sitting in the Dochara the appellant No.
326 of 1958.
In the meantime, in self defence, one Ram Lakhan Singh since deceased fired a shot from his gun and ran away.
Thereupon Ramdeo Singh acquitted by the trial companyrt fired from his gun and the shot hit Laldeo Singh on the chest and he fell down again.
Ram Bilas Singh is said to have fired from the gun which he was carrying which hit Laldeo Singh on the chest as a result of which he fell down, but got up later.
P. Varma, and R. N. Sachthey, for respondent.
The judgment of the Court was delivered by MUDHOLKAR, J. This is an appeal by special leave from a judgment of the High Court of Patna altering the companyviction of the appellants under s. 304, Part 11 read with s. 149 of the Indian Penal Code into companyvictions under s. 326 read with s. 149, I.P.C. but maintaining the sentences and affirming the companyvictions under s. 147 and s. 426, I.P.C. as well as the sentences awarded in respect of those offences.
The incident attracted it number of villagers to the spot including jagdish Singh, Bhagwat Singh since dead and Ajodhya Singh.
1 Ram Bilas Singh arrived there in a truck with a mob of 40 to 50 persons which included the other two appellants before us, besides four other persons who were acquitted by the trial companyrt.
January 29.
A starch was made for the seven accused persons, including the appellants, but it took some time to find them out and arrest them.
Ram Bilas Singh was further charged under s. 307 of the Indian Penal Code for attempt to companymit the murder of Deva Singh while Ram Naresh Singh and Dinesh Singh appellants 2 and 3 were further charged with offences under s. 323, I.P.C. for assaulting Dhunmun Singh P. W. 4 .
After report was lodged of the incident, the police arrived on the spot, held the panchnama inquest on the body of Lal Deo Singh and followed the usual procedure.
During the incident, Laldeo Singh and Deva Singh are said to have flourished their farsis and gandasas while some other members of their party are said to have used their lathis and spears as a result of which four persons on the side of the appellants received injuries.
Eventually, they were placed before a magistrate who companymitted them for trial for offences under s. 148, s. 302 read with s. 149 and s. 426, I.P.C., the appellant Ram Bilas Singh, Ramdeo Singh and Ram Bilas Singh Gumasta of Dihara were specifically charged with offences under s. 302, I.P.C. for having companymitted the murder of Laldeo Singh.
