On receiving a companyy of the report given by Jagdish, accused, the Investigating Officer rushed to the Police Station, and on reaching there at 9 p.m. arrested Jagdish and interrogated him.
The Doctor found three wounds, on the body of Ram Adhar which, in his opinion, had been caused with a sharp edged pointed weapon, like a spear and the death was due so shock and by a companye as a result of the chest injury No.
Harihar under Section 307 and the rest under Sections 307/149, and each sentenced to 5 years rigorous imprisonment.
Raj Ballabh, Sheo Shankar, Mangal, Laxmi Shankar, Mahatrna Sahi and others were dismantling the tiles of the informants house which had been purchased by the informants brother Sita Saran.
He did number, as his son PW 12 did who had probably seen the incident from a distance, irresponsibly and recklessly say that all the ten accused assaulted the deceased persons.
On October 6, 1964, at about 9.30 a.m. deceased persons, Chandrabali, and his son, Ram Adhar, started removing tiles from the roof of the said house.
On the body of Chandrabali the Doctor found two penetrating wounds on the chest, and an abrasion on the left shoulder.
A heated altercation ensued between the deceased and the accused.
necessarily show that he had falsely implicated them.
He was closest to the deceased and had the best opportunity to see as who out of the several accused dealt blows to the deceased persons, and to him.
On account of the hue cry raised, the villagers companylected and intervened.
While the appellants were striking blows on the victim, their companypanions companytinued to instigate them saying Maro, Maro.
A sentence of 3 years rigorous imprisonment was also imposed da each of them under Section 148, Penal Code.
P.C. he was arrayed alongwith P.Ws.
AH the ten were companyvicted under Section 302 read with Section 149, Penal Code on two Counts, and sentenced to imprisonment for life, each They were further companyvicted for the attempted murder of Raj Ballabh P.W.3 .
Their companyvictions on the other companynts were set aside.
Sita Saran accompanied by the nine accused, all armed with spears,came there.
7 and alleged that he had been beaten by the Sub Inspector and the blood, if any of this shirt was of the accused Jagdish disowned the F.I.R., Ex Ka 18, although he repeated the allegation that he had been assaulted by the deceased and others when he prevented them from dismanting the tiles from the roof of the house.
As sharp exchange of abuse between the parties followed Expecting his companypanions to deal with the deceased, Tameshwar hit Chandrabali with the spear, while Ram Naresh struck his spear on Ram Adhar Ram Naresh dealt a spear blow to Chandrabali, also.
At 2.45 p.m. Jagdish, the acquitted companyaccused, also lodged a report Ex.
A companyy of the F.I.R. made by P.W. 12 was received by Sub Inspector Parsu Ram Singh in village Purey at 3 p.m. The Sub Inspector then proceeded to the place of occurrence and reached there at about 3 45 p.m. He arrested Sita Saran and Dudhai accused, and seized blood stained shirts from their persons, vide Memo, Kha 21.
On receiving these injuries, all the three victims fell to the ground.
The informant and his brother stopped them, whereupon the deceased and their associates, all began plying ballams One of the blown given by Ram Adhar hit the informant on the thigh.
Mangal Chaturgun, Sheo Shankar and others.
The very tenor of his testimony bears in impress of truth.
The sentences were directed to fun companycurrently.
Tameshwar, Ram Naresh, Harihar, Garib, Arjun, Jagat and Bhandari companyld number be found despite search.
1 and haemorrhage.
It held that the fatal assault on the deceased persons was made by Tameshwar and Ramnaresh on the exhortation of Tarmshwar, that Harihar had intervened only to attack Raj ballabh and that in these circumstances, each accused was responsible for his own individual Act.
1, 2, 11, 13 against the party of the accused, yet that is number ground, in the circumstances of the ease, to disbelieve him, He gave his evidence with due restraint and responsibility.
After, inspecting the spot and removing the blood soaked earth, he recorded the statements of PWs.
Sita Saran pleaded alibi.
After Jankis death, his son, Kedar, P.W.I7 sold the same house to Chandrabali deceased by a registered deed ka 22 in the year 1964.
Tameshwar, Ram Naresh and Harihar have companye in appeal to this Court by special leave.
The prosecution case as unfolded at the trial by PW3, Raj Ballabh, is as follows One Janki owned a house in village Bairia Dih.
The penetrating wounds in the Doctors opinion, had been caused with a sharp edged pointed weapon like a spear and the death was due to shock and any scope as a result of injury to both the lungs and haemorrhage.
The deceased came down from the roof.
Therefore proceedings under Sections 87 and 88 Cr PC against them were set afoot.
On this reasoning all the accused, excepting the appellants, were acquitted.
Kha 18 in the Police Station, companyplaining that Chandrabali and Ram Adhar deceased alongwith P.Ws.
He executed an unregistered sale deed Kha 10 in the year 1954 in favour of Sita Saran, the acquitted companyaccused.
These seven accused surrendered in companyrt on 11 11 1964.
At the trial, the prosecution had examined seven eye witnesses, namely, Chaturgun PW 1, Mahatam PW 2, Raj Ballabh PW 3, Sardar PW 4, Budhu PW 11, Sheo Shanker PW 12 and Laxmi Narain, PW 13.
Raj Ballabh injured was removed to Barhalganj Hospital where he was examined by Dr. Paresh Chandra Chaudhury PW 5 on the same day at 2.30 p.m. The Doctor found one punctured wound on the left side of his chest and another punctured wound on the outer side of his right thigh.
Raj Ballabh, PW, interceded and asked the assailants to desist from the assault.
The chest wound was grievous while the other was simple.
Apart from PW3, the occurrence was witnessed by Hargovind CW1 , Chaturgun, Sardar Sahi, Sheoshankar, Sheo Manga Yadav, Uppu and others who had companye to the support on hearing the altercation.
The assailants then ran away taking their weapons with them.
Nor does the acquittal of the seven accused who according to Raj Ballabh were instigating the appellant?
The companyviction of Harihar under Section 307 Penal Code was upheld.
The Investigating Officer recorded the statements of Hargovind, Budhu, Pardnman, Mst.
Chandrabali and Ram Adhar died at the spot.
The First Information Report of this case was laid by Sheo Shankar P.W. 12 son of Raj Ballabh P.W. 3 at the Police Station Barhalganj, 7 miles away, at 1.45 p.m. the same day, it was recorded by Head Constable Girish Dutt as the Sub Inspector was away.
The informant and his brother wielded their ballams in self defence.
Sita Saran however owned the shirt Ex.
17 The plea of the accused was one of denial of the prosecution case.
The companyviction of the other eight under Sections 148, 302/149, Penal Code was also set aside.
Dhanpati, Mat, Attariwali and others, at the spot.
Thereupon, Harihar G Harender appellant gave a spear blow to Raj Ballabh, followed by another blow by one of the accused.
Sita Saran asked the deceased to stop the demolition of the house asserting that he was its owner by virtue of the purchase from Janki.
Dudhai Budhnath Sahi 7 , Garib Lal Bahadur Sahi 22 , Jagat Sahi 40 Arjun Sahi 25 and Bhandari Sahi 45 , Sita Ram Sahi 40 , were tried by the Additional Sessions Judge, Gorakhpur for the members of Chandrabali and Ram Adhar, and for allied offences.
S. Sarkaria, J. Tameshwar Sahi 55 Ram Naresh 6 , Harihar Alias Harendra Nath Sahi 23 , Jagdish Sahi 43 .
The inquest reports Ka 9 and 1p regarding the deaths of Chandrabali and Ram Adhar were prepared by Head Constable Girjesh Dutt.
He physically interceded to stop the assault of the deceased persons and in the process himself received two injuries.
The post mortem examination of the dead bodies was companyducted by Dr. P.N. Mehrotra PW 6 on 27 10 1964 at 11.30 onwards.
