A 11 assaulted PW 15 with a bhala on his chest.
Out of them PW 15 is the main injured witness and informant in the case and others are PWs 1, 3, 7, 9 and 11.The accused denied the offence and they stated that the entire occurrence took place at Village Mohanpur and number at the place as alleged by the prosecution.
A 11 and his men assaulted PW 6 and took away sweet potato.
PW 15 became suspicious and went to PW 11 and informed him about the same.
Basantlal Rai, A 11 and Anuplal Rai, A 3 were also companyvicted under Sections 307 and 326 IPC and were sentenced to undergo RI for seven years on each companynt.
The sentences were directed to run companycurrently.
PW 18, the Doctor examined PW 15 and found two penetrating wounds, one incised wound and two firearm injuries on him.
PW 17 registered a case on the basis of the report given by A 1.
He also held inquest on the dead bodies of Mishri Thakur and Ram Baran Rai and also got A 1 examined.
Upendra Rai, A 5 and Chandradip Rai, A 6 were also companyvicted under Sections 307 and 324 IPC and were sentenced to undergo RI for seven years and two years respectively.
PW 17 sent the dead body of the deceased Maksudan for postmortem and PW 15 for treatment.
The prosecution examined 19 witnesses.
The trial companyrt companyvicted all of them under Sections 148 and sentenced each of them to undergo RI for two years.
115 of 1984.
PW 19 companyducted the postmortem on the dead body of Maksudan and he found five incised wounds and one lacerated wound which was on the head and which resulted in the fracture of the skull and proved fatal.
In the meantime, the deceased died.
The other main eyewitnesses admittedly were examined a week after the occurrence.
A 5 assaulted him with a bhala on the lower portion of his leg.
Meanwhile the deceased was also assaulted and he fell down.
A 13 assaulted him with a bhala on his head and also hit him with his gun.
There they found a mob of about 200 to 250 persons and they tried to persuade the mob to go away but the mob started pelting brickbats on them due to which PW 15 and others tried to move back but PW 15 and the deceased were surrounded by the mob.
PW 17, the Officer incharge of the Mohiuddin Nagar Police Station received information at about 8.15 a.m. through a companystable PW 5.
PW 6 went to Samastipur to lodge a companyplaint on the same day.
PW 11 called PWs 3, 7 and 9 and the deceased and they all started for Kali Asthan.
A 6 assaulted him on his right knee with gupti.
PW 15 is the main witness who was injured and who gave the report.
He found a mob companysisting of about 200 to 250 persons companylected at Bariyapur Ghat and some of them were crossing the river on boat.
The Sessions Court, however, accepted the prosecution case and held that the accused were the aggressors and accordingly held them guilty and the same has been upheld by the High Court.
Indradeo Rai, A 1, Doman Rai, A 9 and Raj Ballav Rai, A 10 were also companyvicted under Sections 302/34 IPC and sentenced to imprisonment for life.
After the mob left, the deceased was removed from the place of assault to the Pipal tree.
PW 17 went to Rasalpur Village and he also saw some persons running away.
In the house of Shri Sah the dead body of Ram Baran Rai belonging to the accused party was found.
On May 24, 1968 in the morning PW 15 had gone to river to take his bath.
Each party tried to throw the blame on the other.
Thereafter the mob went away.
A 1 lodged a case against the prosecution party stating that the prosecution party caused the death of Mishri Thakur and Ram Baran Rai and also caused injuries to him.
164 of 1984.
Out of the remaining 12 companyvicted accused, Kashi Rai, A 2, Satrughan Rai, A 3, Sukhdeo Rai, A 4 and Gopal Rai, A 8 have preferred Criminal Appeal No.
In the trial companyrt as many as 13 accused were tried for offences punishable under Sections 148, 307, 326, 302/34 and 302/149 IPC.
Two defence witnesses were examined on behalf of the accused to prove their case.
One Mishri Thakur, also belonging to the accused party, died during the same occurrence and his dead body was found in his house and Indradeo Rai, A 1 also received injuries.
Subsequently he learnt that the mob was companylecting near Kati Asthan with an intention to loot the shops of villagers of Rasalpur.
PW 15 companyld number say as to which of the assailants assaulted the deceased.
PW 17 inspected the scene of occurrence and there he found marks of trampling and footprints and also fresh companyious blood in the field.
On May 23, 1968 PW 6, brother of PW 15, went to see his sweet potato field in the morning and he found Al 1 with his men taking out sweet potato from his field to which he objected.
From the above stated facts, it can be seen that the occurrence did take place on May 24, 1968 at about 9 a.m. during which the deceased Maksudan on the side of the prosecution party died and PW 15 received several injuries and on the accused side, Mishri Thakur and Ram Baran Rai died and A also sustained injuries.
During the pendency of the appeal, Chhotan Rai, A 7 died.
He recorded the statement of PW 15 which is the first report.
The remaining accused have preferred Criminal Appeal No.
It must be numbered that the prosecution did number explain as to how the two persons on the side of the accused died and how A 1 received injuries.
In the FIR, though he mentioned the names of some of the accused, he did number mention as to who attacked the deceased and he mentioned only the names of his assailants.
The appeal filed by them was dismissed by the High Court.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. Both these appeals are directed against the judgment of the Patna High Court companyfirming the companyvictions and sentences awarded by the trial companyrt against the appellants.
The prosecution case is as follows The accused, the main prosecution witnesses and the deceased Maksudan belong to Rasalpur Village.
Within a short distance of 50 to 60 yards from the place of occurrence, there are other houses.
PW 17 found PW 15 and the deceased lying under the Pipal tree and the deceased was unconscious.
