They were also companyvicted some under Section 148 and some under Section 147 and for also minor offences under Secs.
Bishwanath Ojha who was Appellant No.
Ramjagi Ahir, P.W. 2, Muniram Chaukidar, P.W. 4, Mossamat Rashmi, P.W. 7, Mossamat Mangni, P.W. 8 and one Kalika wanted to save Kedar, but the miscreants assaulted them also due to which they too sustained injuries on their persons.
They are also companyvicted for offences like under Sections 323 and 324 for causing injuries to other prosecution witnesses and also under Sections 147 and 148 I.P.C. The learned Judges of the High Court acquitted the appellant Bishwanath Ojha from an offence under Section 304 read with Section 114, I.P.C. Before the High Court 12 persons filed their appeal out of whom three were companyvicted by the Sessions Judge under Section 302 I.P.C. and the rest under Section 302 read with Section 149 I.P.C. all of them being sentenced to imprisonment for life.
12 before the High Court was also companyvicted for an offence under Secs.
After investigation a prosecution was launched against these persons and after the trial, the appeal was preferred before the Honble High Court.
302/114 I.P.C. The prosecution case was that at about 8 a.m. on 10th December, 1967, Kedar Ahir deceased was taking his four bullocks in his field for ploughing in Village Kheksi, Police Station Itarhi in the District of Shahbad.
5, Hatdco Ahir was armed with a bhala and appellant No.
It is alleged that thereafter they made good their escape as Constable Brij Bihari arrived on the scene.
It was also companytended that so far as the story of his directing or shouting others to kill the deceased is also number believed by the High Court as specifically he has been acquitted from the charge under Section 304 Part II read with Section 114 I.P.C. It was therefore companytended that he has been companyvicted for an offence under Section 304 Part II read with Section 149 I.P.C. probably because the Court came to the companyclusion that although he did number participate number he said or shout anything but he was present therefore he has been companyvicted with aid of Section 149 I.P.C. Similarly according to the learned Counsel, the other appellant i.e. Gupteshwar Nath Ojha is companyvicted with the aid of Section 149 I.P.C. as it is alleged that he also attacked the deceased and other prosecution witnesses with lathis.
12, Bishwanath Ojha was armed with a gun, appellant No.
Kedar, the injured was taken to Buxar Hospital and died in the Hospital at about 2 p.m. Tribhuwan Nath Singh, A.S.I, of Police, Buxar, went to Buxar Hospital and he recorded the statement of Ramjagi, P.W. 2 who told him the whole story and on this basis, an F.I.R. was drawn up and investigation was taken up.
He also alleged that P. W. 2 Ramjagi also rushed to assault him with a bhala but he was saved by Badri Ojha and in this trouble he and also Kedar and Ramjagi sustained injuries and all of them have been removed to the Buxar hospital.
It is alleged that Khedu Ahir, one of the accused persons, also lodged a report on the same day at 7 p.m. in which he asserted that when he was washing his mouth in the morning at his door, Kedar, the deceased came there armed with a lathi and started abusing him and that he has made him to run from companyrt to companyrt and Kedar assaulted him with lathis on his head due to which he sustained injuries.
When Kedar Ahir reached near the Khalihan of one Badri Narain Ojha, all the 12 appellants armed with various weapons surrounded him.
12 in the High Court and appellant No.
1, Ramsundar Ahir was armed with a farsa while the rest of the appellants were armed with lathis.
This report was also entered into the General Diary by Davendra Singh, P.W. 13.
323 and 324 for causing injuries to other prosecution witnesses than the deceased.
It is also alleged that others who were carrying lathis also assaulted the deceased and he fell down on the ground.
number examined in the case .
Appellant No.
57 of 1971 dated 27th July, 1977 wherein the learned Judges altered the companyviction of these two appellants and some others and companyvicted them for an offence under Section 304 Part II read with Section 149 I.P.C. and sentenced to four years rigorous imprisonment.
L. Oza, J. This appeal has been filed on behalf of two appellants Gupteshwar Nath Ojha and Bishwanath Ojha as the leave was granted in respect of these two from a judgment passed by a Division Bench of Patna High Court in Criminal Appeal No.
2 before us ordered to kill Kedar and on this Ramsunder Ahir inflicted a farsa blow on the head by the blunt side of the farsa and then others followed.
