Judgement

BEG, J.:- Thirty one accused persons were sent up for trial before the Additional Sessions Judge of Chapra on charges under Sections 147, 148, 323, 325, 326, 302/34, 302/149, Indian Penal Code. The appellant Jumuna Chaudhary was also charged separately under Section 302, Indian Penal Code. The prosecution case may be stated as follows: On 15-7-1965 at about 8 a.m. Dukhharan Koeri, P.W.22, his brother Sitaram Bhagat, P.W.20, his Sister-in-law Smt. Gulzaria, P.W.12, were weeding plot No.39 in village Rani Sari Swam, Smt. Sujhani, P.W.10, the mother of Dukhharan, P.W.22, Smt. Minia, P.W.14, and Dukhharan s neice Km. Ram Rati P.W.9, daughter of Sitaram, were also present there. A crowed of 80 to 85 persons from various villages, armed with Lathis, Bhalas, and Pharsas suddenly appeared and started attacking the unoffending Dukhharan and his relations in field No. 39. Names of 25 persons, including the appellants, are mentioned in the First Information Report lodged at Police Sation Mirganj in District Saran at 2.15 p.m. on 15-7-1965. In his evidence, Dukhharan stated that he ran away to a distance of 2 to 3 bighas to the south but returned to the scene of occurrence when the accused had dispersed and then he found a number of other persons lying injured. They were his brother Sitaram P.W.20, Tapi Bhagat, P.W.3, Nagina Koeri, P.W.13, Smt. Fekani, P.W.17 and Ealdhari who was lying unconscious and who never regained consciousness.

2. Injuries, proved by Dr. B. N. Duivedy, P.W.4, who examined the injuries on 15-7-1965 between 4.45 p.m. and 7 p.m. were: The scratches and 4 Echymosis, all simple injuries, with some blunt weapon were sustained by Dukhharan. Two Ecchymosis, simple injuries, with a blunt weapon were found on Fegu Bhagat. Two Ecchymosis, simple injuries with a blunt weapon were found on Smt. Marachia. Smt. Phekan had one Ecchymosis, a simple injury with a hard weapon. Sitaram P.W.20, had a lacerated wound 4" x 1/2" on the head, two punctured wounds 1/2" x 1/4" x 1/2" one on the left elbow and another on the nose, a swlling on the left forearm with compound fracture, a lacerated wound and two red Ecchymosis. Two of these injuries were grievous and the rest simple. Two were caused by some sharp weapon and the rest by a blunt weapon. Tapi Bhagat, P.W.3, had a scratch, a red Ecchymosis and a swelling on right arm, a compound fracture and a lacerated wound, all caused by a blunt weapon. One of these injuries was grievious. Ram Nagina had a lacerated wound, 3 red Enchymosis on the back, and two on the buttocks, a punctured wound on the lower jaw and another on the right of the thumb, two of these injuries were caused by a sharp weapon, and the rest by a blunt weapon. Smt. Sonjaria wife of Ram Gobind Bhagat, had a swelling on the right arm, with a simple fracture, a swelling of the left middle finger with a fracture and an Ecchymosis. Two of these were grievous injuries. Birjhan Bhagat, P.W.15, had a punctured wound, a simple injury caused by a penetrating weapon. Smt. Lachminia, P.W.11, had a swelling of the right arm with a simple fracture and a lacerated wound. The first of these was grievous and the other simple. Km. Ram Rati, P.W.9, had an incised wound 2" x 1/2" caused by a sharp edged weapon. Smt. Matia, wife of Ram Nagina Bhagat, had three red Ecchymosis which were simple injuries. Smt. Sonjaria wife of Sita Ram had a swelling and two Ecchymosis, Laldhari Bhagat who had become unconscius and died subsequently had a punctured wound 1/4" x 1/2" x 1/2" on the right thigh, a swelling 3" x 2" on the left temporal region of the hand, and a scratch 1" x 1" on the right elbow. The first was by a piercing weapon like a Bhala and the second, which was serious, was with a lathi. Dr. Mehta examined as Court witness No.1 proved the following injuries on Ramananda Chaudhary, which he examined on 15-7-1965 at 11 a.m.:

1. One penetrating wound 1/2" x 1/4" x 2" on the right side of the chest in between the midline and nipple.

2. Left