The Amin was still carried further into the river.
On the boat of the informant, still sitting were Kailash Singh, Biranchi Das, Challitra Singh, Shiv Das and the Government Amin.
I was number allowed to study at that time.
Near the boat, Rajendra Mistry was shot at by Kirat Yadav by rifle.
The informant and the other persons left inside the boat were also threatened of dire companysequences, if they disclosed the matter to the police.
The informant came to Sirjua ghat.
When these persons who had alighted from the boat of the informant, did number stop, there was firing from the side of the criminals which hit Manikant Mishra P.W.1 .
Do you have to say anything in defence?
Several documents were exhibited.
Thereafter the boat of the informant was occupied by some of the criminals and other criminals boarded a small fisher mans boat and carried the informants boat inside the river towards east, beheaded the dead bodies at the order of Ranvir Yadav and also slit open the stomach of the dead bodies and thereafter threw the cut parts of the dead body into the river.
I write it later on.
My uncle th filed case on police S.D.O. from that day, he started implicating me in the case and started saying me to withdrew the case.
Rajendra Mistry, Rameshwar , Mistry and Brahmdeo Singh succumbed to their fire arm injuries at the spot.
Twelve witnesses were examined to further the provision version.
I heard the statement of witnesses.
The position is that out of four accused persons one had died during trial and the acquittal of one was maintained by the High Court and one had also number filed an appeal as it was stated that he had also died.
The appeal in respect of accused Mithu Yadav was dismissed.
The informant and three others were brought to the bank of the river and made to disembark from the boat.
No, I was falsely implicated.
My servant has filed case on him.
When this companytingent of the informants party anchored into the Diar side of the river for some persons from the boat came out and proceeded to same distance, some criminals also alighted from small boat from the eastern and western side and asked these persons to stop.
The dead bodies of these three deceased persons were loaded on the informants boat.
On the way inside the river, Kailash Singh was also shot dead by Ranvir Yadav as a lesson on the ground that Kailash had filed certain criminal case against the assailants.
Khantar Sao shot dead Bramhdeo Singh.
Police has implicated me.
Ranvir Yadav assaulted the Amin with rifle.
Safi Alam, S.P. of Khagaria companymitted murder on 15 April, 1980 in the evening by firing shot.
It is also stated that accused kept the dead body of Rameshwar Mistry, Rajendra Mistry and Bramhadeo Singh on boat and they took Lalit Narayan Singh Kailash Singh, Chalitar Singh, Anil Sahib and Biranchi Das on the boat and killed Kailash Singh by proceeding further and threw the dead body in river by cutting it what do you have to say?
However one of accused respondent i.e. Kirat Yadav before the High Court died during the pendency of the appeal.
Amin Omar Ali , Biranchi Das, Challitar Singh, Jalim Singh, the wife of Rameshwar Mistry, Bilo Mistry, Shiv Das, Kedar Das Rajendra Mistry, Manikant Mishra and 5 to 6 others proceeded from Sirjua Ghat to the Diara across the Ganges river into the boat of Rameshwar Mistry.
The police which companyes, states the same thing.
A Criminal Revision was also filed by the informant Lalitdeo Prasad and the said revision was taken along with the States appeal.
The cause of occurrence as given in the far beyan, is that Ranvir Yadav had taken possession of several lands of Sirjua Village and the villagers wanted their lands to be measured and demarcated and so being angered at this step of the villagers, the accused persons companymitted the aforesaid occurrence.
The defence of the accused persons was that the police was inimical to the main accused Ranvir Yadav whose father, late Hariballabh Yadav, was killed by A.S.P. and in this companynection a case was filed by the servant of Ranvir Yadav.
Rameshwar Mistry was also shot at by Ranvir Yadav.
I was studying.
The police was pressing the accused persons hard to withdraw the case of murder filed against the police officials.
Kanta Sao and Kirat Yadav were employees of Ranvir Yadav and therefore they were implicated falsely in the instant case.
The examination under Section 313 of the Code the same reads as follows It is stated on the basis of statement of witnesses that on 31.7.1982 at around 8.30 A.M. Rameshwar Mistry was killed in Sirjua Diara by firing shot from rifle?
The present appeal relates to accused Ranbir Yadav.
Prosecution version as unfolded during trial is as follows As per the fard beyan of Lalitdeo Prasad Singh, on 31st July, 1982 at about 8 A.M. informant alongwith several other persons, namely, Rameshwar Mistry, Kailash Singh, Brahmdeo Singh, the Govt.
The trial Court held that the prosecution version lacks credibility and, therefore, directed acquittal.
The criminals caught hold of Rajendra Mistry, Rameshwar Mistry, Brahmdeo Singh all three deceased persons and brought them near the boat of the informant.
All the accused persons were acquitted by the aforesaid judgment.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Patna High Court directing reversal of the judgment of acquittal recorded by learned Third Additional Sessions Judge, Munger.
Due to this reason, I was falsely implicated.
