All the three accused persons ran away towards west on the bye pass road on the motor cycle.
The companyrt where same was filed, took companynizance and companymitted the case to the Court of Sessions for trial.
Appellant Hemchand Jha was driving the motor cycle.
that Mithilesh Kumar Singh, Krishna Kumar Singh hereinafter referred to as the deceased and Krishna Dubey proceeded to village Nawadih in a jeep bearing No.
But Sanjay Singh was acquitted.
Krishna Singh felll down on the ground and started shaking because of unbearable pain.
ORC 9827 to attend the marriage of his nephew.
The trial companyrt directed acquittal of the accused Sanjay Singh who faced trial with them while finding the appellants before the High Court to be guilty.
The witnesses took Krishna Singh on the said jeep to Aurangabad hospital for treatment where he died.
Prosecution version in a nutshell is as follows Gyaneshwar Prasad Singh, the informant, gave a written report to the police on 5.6.1991 at 4.15 pm.
The aforesaid three persons came near him.
Many persons had seen the occurrence.
Petrol was taken.
He was sentenced to undergo imprisonment for life.
They got down from the motor cycle and went behind the petrol pump.
In support of the appeal learned companynsel for the Appellant submitted that numberdefinite role has been ascribed to the appellant.
Placing reliance on the statement of the aforesaid three eye witnesses, the trial companyrt found the accused appellant guilty and sentenced them.
Krishna Singh was capping the petrol tanki.
According to the prosecution, it was Kripal Singh who had fired the gun and killed the deceased.
The defence of the appellants was that they were innocent and were falsely implicated in the case.
At about 2.30 pm the jeep was stopped at Rabindra Petrol Pump for taking petrol.
Mithilesh Singh and Krishna Dubey tried to apprehend them but the third person whom he identified by face took out a pistol from the waist and threatened to kill if they proceeded further.
Ten witnesses were examined to further the prosecution case, out of them PWs.
The appeals filed by Kripal Singh and the present appellant, before the High Court, were dismissed.
1,23 claimed to be eye witnesses.
Kripal Singh came close to Krishna Singh, took out a pistol and fired near the ear of Krishna Singh.
In the meantime accused Kripal Singh, Hemchand Jha and one person whom he identified by face came on a black Rajdoot motor cycle and stopped the motor cycle on the right side of the jeep.
On the basis of the aforesaid written report a formal first information report was drawn, investigation was taken up and on companypletion of investigation charge sheet was submitted in the companyrt against three persons.
Dr. ARIJIT PASAYAT, J Appellant questions the legality of the judgment rendered by a Division Bench of the Patna High Court dismissing the appeals filed by the appellant and one Kripal Singh.
