Document Fragment View

Matching Fragments

"On the same day at 9.30 A.M. Chhathia Devi, W/o Shankar Singh, of same village and found the following injuries on her person:
1. Bruise 3"x2" in right thigh near knee
2. Bruise 2 ½"x1" in left shoulder Injuries were simple and caused by hard and blunt substance as a lathi. Age of injuries within 24 hours."

16. Moreover according to PW-5 there was no means of Patna High Court CR. APP (DB) No.171 of 1990 dt.10-07-2012 15 identification at the place of occurrence and the night was dark and thus the identification of the accused persons much less seeing the entire assault on four persons was itself not possible. It has to be noted that none of the witnesses in their evidence have suggested presence of any means of identification at the place of occurrence while admitting that the occurrence had taken place between 7:00 to 8:00 P.M. in the night which in turn would make the whole prosecution case both with regard to place and the manner of occurrence doubtful.

"On the same day at about 9.45 A.M. I examined the Banshi Bhuiyan son of Bonu Bhuiyan of the same village and found the following injuries on his person:
1. Lacerated wound 1 ½"x ½"x skin deep on anturn part of head.
2. Bruise 4"x1" in right shoulder
3. Bruise 4 ½"x 1 ½" on back on right scapular region
4. Bruise 2 ½"x1" on waist on right side
5. Bruise 2 1/4"x 1" on left knee near elbow All injuries were simple and caused by hard and blunt weapon such as a lathi. Age within 24 hours."

41. There is no controversy after having Ext-2 series, i.e., injury report of four injured which speak about sustaining of injuries by the injured. For better appreciation, the injury report of all the injured including deceased is incorporated herein below who were examined on 27.04.86 at Barachatti P.S at different time.

Injuries on the person of informant, Govind Singh Bhokta who was examined on 27.04.86 at 9:15 A.M. are:-

(i). Lacerated wound 1 x ¼ x skin deep on-right hand dorsal (ii) Bruises 3" x 1 ½" left hand dorsal surface (iii) Abrasion 1" x ½" left hand dorsal. (iv) Bruise 2 ½" x 1 1/2" on left forearm. (v) Lacerated wound 1 1/2" x ¼" skin deep near right eye brow (vi) Bruise 4" x 1" on back on left scapular region (vii) Bruise 3" x1"- on back on right scapular region.

Injuries on the person of Bansi Bhuiyan (PW-1) examined on the same day at 9:45 A.M. were:- (i) Lacerated wound 1 ½" x ½" skin deep on anterior part of head. (ii) Bruises 4" x 1" on right shoulder (iii) Bruises 4½" x 1 ½" - on back of right scapular region (iv) Bruise 2 ½"x1" on waist, right side (v) Bruise 2 ¼" x 1" on left arm near elbow. All the injuries were simple and caused by hard and blunt weapon within 24 hours of the examination.

And the injury report relating to injured Shankar (since deceased) examined on the same date at 9:00 A.M. is as follows:-