JUDGMENT

SARKARIA J.:—Bhagirath Singh aged 46 years, and 11 others of village Rahatpur were tried by the Additional Sessions Judge, Monghyr under Sections 302, 302 read with 149 and 148, Penal Code. They were acquitted. The State carried an appeal against that order of acquittal to the High Court of Patna. The High Court has reversed the acquittal of Bhagirath Singh only, and converted it into a conviction under Section 302, Penal Code, with a sentence of life imprisonment.

2. Hence this appeal by him.

3. The prosecution story so far as it can be gathered from somewhat discordant material on record, is that on June 17, 1965, a poll was being held in village Rahatpur for election to the office of Mukhia of Sadanand Gram Panchayat. Village Rahatpur was within the jurisdiction of that Panchayat. One of the polling booths was located in the estern-most room of the school building at Rahatpur. Vidyhapati Singh of village Rahatpur and Naval Kishore Singh of Village Sadanandpur were the rival candidates at the election. Ramakant deceased was a supporter of Navalkishore while the appellant was an election worker of Vidyapati Singh.

4. The polling started at 8.00 a. m. and closed at 4 p. m. Soon after the close of the polling, a mob of 250-300 armed with lathis, Bhalas, Pharsas and Saifs was seen coming from the northern side towards the Rahatpur Thakurbari (a temple) which is situated on the South East of the school. A group of twelve persons out of the mob surged ahead yelling that Ramakant was the mischief monger and should be dealt with. The appellant was the spearhead of that group. He was armed with a saif. He rushed towards Ramakant and struck him with the saif in the inguinal region on the right side. On receiving the blow Ramakant fell down near the mango tree bleeding profusely. Others in the mob shouted that Ramakant was dead. The assailant then re-joined the big mob which retreated towards the Darwaja of the appellant raising a Hulla.

5. Ramadya Singh (P. W. 5), Bindeshwari Singh (P. W. 9), Ramlakhan Singh (P. W. 10), Gunju Singh (P. W. 11), Rameshwar Singh (P. W. 12) 925 and others, who were witnessing the occurrence went close to the deceased and found him dead. Ram Swarup P. W. 13 removed the dead body with the help of the P. W. 12 towards the South of Thakurbari, about 12 laggas (35 yards) away, as they feared that the mob might try to carry it away.

6. About 15 or 30 minutes thereafter Parmanand Thakur, Block Development Officer (P. W. 21) and Police Sub-Inspector Shyam Dev Singh (P. W. 22) who were there to maintain peace at the election, reached the spot. Shyamdev Singh (P. W. 22) then took Ramsarup Singh, P. W. 13, into the School building and there recorded his statement (Fardbeyan Ex. P. 12) and sent it to police station Balliya for registration of the case, P. W. 22 then returned to the scene of occurrence and prepared the Inquest Report Ex. 1/1 and sent the dead-body in the jeep of Naval Kishor Singh to Bagu Sarai Hospital. The body reached the Hospital at 5.00 p. m. The Medical Officer (PF 17) sent information about its arrival to Begu Sarai Police Station. Thereupon Sub-Inspector Raj Narain, P. W. 2, came to the Hospital and prepared (another?) Inquest Report Ex. P. 1 in the presence of Ramsagar, P. W. 7, Mahendra Prasad, P. W. 8, and others.

7. In the meantime, Shyam Dev Singh PW 22, conducted the investigation at the spot. He removed blood-stained earth from two places, one from near the mango tree and the other from the place where the dead body lay towards the south of Thakurbari vide seizure memo Ex. 14.

8. At the trial, Bhagirath denied the prosecution allegations against him and alleged false implication by Ram Sarup and other P. Ws., who, according to him, were all Gothias of Ram Sarup Singh, He further stated that Ram Sarup Singh was inimical to wards him because he was pressing for repayment of a loan of Rs. 750/- which Ramsarup Singh had taken from him on the foot of a promissory note.

9. The defence