He was cross exam ined at length but except for minor companytradictions here and there which are only to be expected when a witness gives evidence after a lapse of time, numberhing substantial shaking the substratum of the prosecution case has surfaced to discredit him.
The companyviction of the remaining four accused under Section 302/149 was, howev er, altered to Section 326/149 and the sentence of imprison ment for life given to each of them was substituted by a sentence of rigorous imprisonment for seven years.
3 and 4 were companyvicted under Sec tions 302/149, 447 and 148, IPC and for the offence under Section 302/149 each of them was directed to suffer impris onment for life.
5 and 6 were charged under Sections 447 and 147, I.P.C. The Trial Court companyvicted accused Nos.
It is evident from the above evidence that Chand Tara also died a homicidal death.
1, 2, 3 and 5 preferred an appeal, Criminal Appeal No.
Her younger sister Chand Tara succumbed to her in juries on 23rd August, 1985.
On seeing accused Nos.
The two infants Sahana Khatoon and Chand Tara were then playing in the dalan outside the western room.
A few days later she died on 23rd August, 1985.
Briefly stated the prosecution case is that on the afternoon of 25th July, 1985 around 4.30 p.m. when PW 6 Baharan Mian was sitting at the entrance of his house, the aforesaid six accused persons came from the west armed with deadly weapons accused Nos.
The substantive sen tences were ordered to run companycurrently.
1 gave farsa blows on the head, abdomen and left thumb of Sahana Khatoon causing serious injuries.
3 of 1987.
136 of 1987, against their companyvictions and sen tences by the Trial Court.
For the offences under Sections 148 and 447, .P.C., they were directed to suffer rigorous imprisonments for one year and three months, respectively.
1 and 2 were awarded the death penalty a reference was made to the High Court which came to be numbered as Reference No.
In his view, the meningitis and encephalitis which had resulted due to infection resulting from the injury caused by a sharp cutting weapon like a farsa were the cause of death.
2 gave one farsa blow on the head of infant Chand Tara.
In the end he saw accused Nos.
5 and 6 were companyvicted under Sections 302/149, 447 and 147, I.P.C. For the offence under Section 302/149, I.P.C., they were sen tenced to undergo imprisonment for life whereas for the offences punishable under Sections 447 and 147, I.P.C., they were directed to suffer rigorous imprisonments for three months and six months, respectively.
3 began to untie the buffalo tethered in front of the house while the other accused persons show ered abuses on PW 6, to which the latter objected.
Accused No.
PW 1 Dr. Anil Kumar Verma, the Senior Assistant Surgeon in Siwan Sadar Hospital, performed the autopsy on the dead body of Sahana Khatoon on the afternoon of 26th July, 1985.
1 and 2 along with accused Nos.
PW 10 Dr. Ahmad performed the autopsy on the dead body of Chand Tara and he found that she had an infected ulcer 3 x 1 1/4 by cranial cavity deep companymunicated with brain on the anteriofrontal portion of the head, On dissection the meningities and the brain matter were found to be companygested.
There upon, accused Nos.
2 caused the death of Chand Tara aged about seven months.
His wife, PW 5 Laila Khatun, who was in the room, however, prevented him from going out for fear that he may be done to death by the accused persons.
1 and 2 moved menacing ly towards PW 6.
5 and 6 were armed with sticks Lathis .
1 caused the death of Sahana Khatoon aged about seven years and accused No.
The substantive sentences were ordered to run companycurrently.
He also saw the accused persons entering the house and going towards the room which PW 6 had entered to fetch a bhala.
He had numbericed a sharp cutting injury on the anterior half of the head slightly to the right of the mid line with the brain matter companying out from the posterior half.
On seeing them PW 6 got up and went to the osra verandah of his house.
Accused Nos.
1 and 2 are companycerned and, while accepting the reference, companyfirmed the sentence of death awarded to them for the murder of two the infant girls.
Accused Nos.
From the Judgment and Order dated 8.4.1988 of the Patna High Court in Crl.
Accused Nos.
343 and 446 of 1988.
Realising that PW 6 has entered the inner room and was prevented by his wife from companying out, accused No.
Immediately after the two injured were removed to the dispensary for treatment, PW 7 Dr. Haliwant Singh who examined Sahana Khatoon numbered that she had a sharp cutting injury on the anterior half of the head causing a fracture of cranial bone with the brain substance protruding out, a sharp cutting injury on the left illiao fossa and a sharp cutting injury on the left thumb and left index finger.
Suffice it to say that in the opinion of PW 1 death was due to shock and haemorrhage resulting from the injuries caused to the victim with the farsa.
A. No.
The said reference and both the appeals were disposed of by the High.
Their companyvictions and sentences on the other companynts were, however, maintained.
1 and 2 inflicting farsa blows on the two girls.
The neighbors PW 2 Ful Mohammad Mian, PW 3 Ali Asgar, PW 4 Vidya Giri and others, namely, Jalaluddin Ahmad, Sadik Mian, Ram Chandra Prasad, Bhikhari Mian, etc.
3 of 1987 and Crl.
1 and 2 were charged with the companymission of offences punishable under Sections 302, 452 and 148, I.P.C. The prosecution case was that accused Nos.
The injured Chand Tara was examined on the same day by PW 7.
Court by a companymon judgment.
1 and 2 were carrying farsas, accused Nos.
Sharan, D. Goburdhan, D.N. Goburdhan and B .B. Singh for the Respondent.
Feeling aggrieved by the companyvictions and sen tences awarded to them on different companynts all the six accused persons have preferred the present two appeals by special leave.
1 and 2 approaching him duly armed with farsas PW 6 apprehended trouble and ran into the adjoining room to arm himself with a spear.
1 and 2 were substantively charged under Section 302, I.P.C., whereas accused Nos.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
Criminal Appeal No.
Accused Nos.
140 of 1987, challenging their companyvic tions and sentences awarded to them by the Trial Court.
She was admitted as an indoor patient but was discharged on 13th August, 1985.
466 of 1988is by original accused Nos.
3 to 6 companystituted an unlawful assembly, the companymon object of which was to kill PW 6 Baharan Mian and in pursuance of the said object accused No.
The Judgment of the Court was delivered by AHMADI, J. The appellants in these two appeals by spe cial leave are the six accused persons who were arraigned before the learned Third Additional Sessions Judge, Siwan, for trial.
intervened, pacified the assail ants and sent them away.
Immediately thereafter, accused Nos.
3 and 4 were further charged under Sections 447 and 148, I.P.C., and accused Nos.
Accused Nos.
4 and 6 preferred a separate appeal, Criminal Appeal No.
The High Court dismissed the appeal insofar as accused Nos.
3 and 4 were armed with spears bhalas and accused Nos.
Accused No.
After the assailants had left the scene of occurrence the two injured girls were removed to the city dispensary where the First Information Report of PW 6 was recorded at about 6.45 p.m. Unfortunately, Sahana Khatoon died shortly after she was admitted to the dispen sary.
To bring home the guilt against the six accused persons, the prosecution examined five eye witnesses to the occurrence, namely, PWs 2 to 6.
4 and 6 shouted Sale ko jan se mar do.
3 to 6 were sought to be held vicariously liable under Section 302/149, P.C. Accused Nos.
140 of 1987 and Death Ref.
K. Garg, Salman Khurshid, Rakesh Luthra, Irshad Ahmad, Vinayak D. Phadke, Mrs. Bimla Sinha and Gopal Singh for the Appellants.
A. No.
136 of 1987.
4 and 6 Sarif Mian and Mainuddin Mian .
1 and 2 on all the three companynts and awarded the sentence of death to both of them for the company mission of the offence punishable under Section 302, I.P.C. Each of them was also sentenced to suffer rigorous imprison ment for one year on each companynt under Sections 148 and 452, P.C. The substantive sentences were directed to run company currently.
For the sake of companyvenience we will refer to them by their original positions in the Trial Court.
1, 2, 3 and 5 Allauddin Mian, Keyamuddin Mian, Saheb Hussain and Afzal Mian and Criminal Appeal No.
343 of 1988 is by original accused Nos.
AccuSed Nos.
Since accused Nos.
