He has stated that there was a dispute between accused persons and deceased Bhola Singh.
This witness admitted that his village was situated at a distance of about half a mile from the bridge.
P.W.4 Ram Bachan Singh, nephew of the deceased rushed to the police station along with P.W.3 Yogendra Singh where he lodged the report, on the basis of which a first information report was drawn up and a case was registered.
He has in particular named Lallan Singh, Suraj Bali Singh and Hardev Singh as the persons who came to the place of occurrence when alarm was raised.
The case of the prosecution is that deceased Bhola Singh carrying a bundle of pea crop on his head came near the canal from his field when the appellants came near the bridge on a tractor trolly and fired at him.
Police Station Dinara was at a distance of 8 kms.
Appellant No.
At the time of occurrence he was inside the tea shop.
There were other tea shops nearby.
The prosecution has examined two eye witnesses namely, Ram Bachan Singh, the informant, P.W.4 and another eye witness Yogendra Singh, P.W.3.
On dissection of thoraco and abdomen, the thoraco abdominal cavity was found full of blood and blood clots and three big pea size pellets were recovered from front of the sternum and big pea size pellets recovered from right iliac fossa.
His statement was also recorded by the inspector of police.
He also numbericed that the deceased was wearing a sweater and ganji and lungi and also carrying a chadar.
Amongst the persons sitting in the shop was Ram Bachan Singh P.W.4.
from the place of occurrence and the report was lodged by PW 4 at the police station at 3 p.m. Therefore, it appears that the first information report was promptly lodged.
P.W.2 Dr. Sudhir Kumar Singh was examined to prove the injuries suffered by the deceased, he being the doctor who companyducted the post mortem examination.
There was damage by pellets to both middle lobes of lungs and right chamber of heart and right lobe of liver.
321/1986.
The tractor stopped after it had came on the canal from the road.
He received the first shot while he was standing.
It stopped in front of deceased Bhola Singh.
After getting injured, he fell down, whereafter the other appellants fired indiscriminately from their respective weapons and went towards their village in the tractor trolly.
While P.W.4 is nephew of the deceased, P.W.3 Yogendra Singh is number related either to the accused persons or the deceased.
The first shot was fired by appellant Birendra Rai from his rifle causing injury on the chin of the deceased.
The appellants fired several rounds from the trailer.
He usually goes to this shop to take tea.
The occurrence is said to have taken place at about 2 p.m. on the 6th February, 1985, near a bridge on the canal, a little distance away from village Gaura.
In cross examination, he asserted that he saw the tractor when it was on Gaura bridge.
Bhola singh had numberopportunity to run away.
Appellants Govind Rai and Uma Shankar Pandey have also been sentenced to undergo five years rigorous imprisonment under Section 27 of the Arms Act.
Thereafter he fell down.
From the deposition of Dr. Sudhir Kumar Singh, P.W.2, it appears that he companyducted the post mortem examination on the body of the deceased at 7 a.m. on 7th February, 1985 and found the following injuries on his person Wound of entrance about 2 x 2 with blackening of skin and margin are inverted over the left side of chin with fracture left mandible wound of exit about 3 x 2 1/2 over left mastoid bone behind left ear with a regular shape and margin are inverted and brain matters companyering out from skull cavity.
P. Singh, J. This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Patna dated March 4, 2003 in Criminal Appeal No.
The above injuries were ante mortem caused by fire arm.
366/1997 whereby the appeal preferred by the appellants was dismissed by the High Court, affirming the judgment and order passed against them by the 5th Additional District and Sessions Judge, Rohtas at Sasaram in Session Trial No.
Thereafter he along with Ram Bachan Singh and Lallan Singh came to the police station where Ram Bachan Singh P.W.4 lodged the report on which he had also signed.
