SHITAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE judgment of the court was delivered by

(2.) THIS appeal by special leave is directed against tlie judgmentof (lie High court of judicature at Patna dismissing the appeal of the appellants before us.

(3.) BEFORE we detail the circumstances we may give the prosecution casewhich has been accepted by the High court. The case of the prosecution isas follows: At 4. 30 p. m. on 2/06/1964, while Sheonandan Singh (deceased)was sitting at his Darwaza in village Moberakpur) Police Station Marhaura,District Saran, along with his brother Sheo Singh (P. W. 3) and son ShankarSingh (deceased), and was talking with his cousin, appellant Shital Singh,regarding his share to the north of the well situated in the Saran, the talk tooka serious turn and there was exchange of hot words. Then appellant ShitalSingh went to his Dalan and returned with the accused persons along with him.Appellant Shital Singh was armed with Bhala, appellants Bachulal Singh andHarbans Singh were armed with Pharsas and appellant Bindeshwari Singh wasarmed with a Lathi. Shital Singh assaulted Sheonandan Singh with his Bhalain his abdomen, as a result of which his intestines came out. AppellantBachulal Singh assaulted Sheonandan Singh with his Pharsa on his hands.Appellant Harbans Singh assaulted him with his Pharsa on his right elbow.Appellant Bindeshwari Singh again caught hold of Sheonandan Singh whenappellant Harbans Singh again assaulted him with the Pas (socket) of hisPharsa on his head. When Sheo Singh (P. W. 3) and Shanker Singh (deceased) and Gorakh Singh (P. W. 7) began to separate Sheonandan Singh,appellant Harbans Singh inflicted a cut injury on Shankar Singh with hisPharsa on the left side of his neck and also a cut injury on his chest. AppellantShital Singh assaulted P. W. 3 with his Bhala. Appellant Harbans Singhassaulted him with his Pharsa, appellant Bachulal Singh assaulted him with hisPharsa and appellant Bindeshwari Singh assaulted him with his Lathi. Theappellant also assaulted P. W. 3 with their respective weapons. On hearingHulla villagers including Kali Charan Singh (P. W. 5) and others came to theplace of occurrence and saw the occurrence. Then the accused persons draggedSheonandan Singh to the Dalan of Shital Singh. Rajeshwari Debi (P. W. 4)also went to that Dalan and asked the accused persons to spare the life ofSheonandan Singh. But they did not listen to her requests and all of themassaulted Sheonandan Singh again in the Dalan. P. W. 4 was also assaultedby appellants Shital, Bachulal Singh, Harbans Singh and Bindeshwari Singhwith their respective weapons.