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2) As the charge-sheet is fled copies of the investigation papers are produced along with the appeal and the learned Additional Public Prosecutor has also made available the papers of investigation. Learned counsel representing the informant and the learned counsel appointed are also heard.

3) The incident in question took place on 5-9-2019 after 2.30 p.m. The informant, who is the mother of the deceased boy Ganesh, was present in the feld. Her husband said that he got knowledge that Nana, the main accused was fxing poles in their land and so he was proceeding towards that place. When he was proceeding towards that place she noticed that Nana was coming towards the place where she was sitting with other persons, other accused. She has contended that after reaching the place where she was sitting she noticed that Nana and others were holding cement poles and after that 3 Appeal 31 of 2020 they picked up quarrel and by saying that the court had decided the matter in their favour he started assaulting her husband Kalkusha. When the informant started proceeding towards her husband with her kid aged about 2 years, to save her husband, Nana said that it was necessary to fnish the next generation of such persons, Paradhi persons and he gave blow of cement pole on the head of the kid. The kid fell on the ground. Then other persons from the side of Nana also made assault on others. Somehow the informant ran away from the place with the kid. The kid was taken to the Government hospital but the doctor declared that the kid was already dead. The report was given on the same day and the crime came to be registered for the aforesaid ofences.