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4. During the course of trial, 15 witnesses were examined on behalf of the prosecution, PW-1 Parmanand Rai, PW-8 Panchhi Lal Rai and PW-9 Baijnath Rai are said to be eye witnesses to the said occurrence. PW-2 Kamleshwar Prasad Yadav and PW-3 Devanand Rai are witnesses to the inquest report as also signatory to the fardbeyan. PW-4 Raghunath Rai, PW-6 Dinesh Kumar and PW-10 Bishwanath Rai are tendered witnesses while PW-5 Sunil Kumar is witness to the seizure list. PW-7 Jiwanand Rai is a witness to the fardbeyan. PW-11 is the doctor, who had conducted post-mortem examination of the dead body of the Patna High Court CR. APP (DB) No.335 of 1995 dt. 02-09-2025 deceased brother of the informant. PW-12 Uttim Singh is a police official while PW-13 Kameshwar Kumar Singh is also a police official. PW-15 Sangita Kumari is the investigating officer of the present case and PW-14 is the clerk in the District Law Office, Hajipur, who has proved the sanction order of prosecuting the appellants under the provisions of the Act, 1908.

14. PW-2 Kamleshwar Prasad Yadav has stated in his evidence that the occurrence dates back to 17 months at about 8:30 p.m. in the night when he was at his house and then he heard the sound of gunshot firing and explosion of bomb, whereafter he came running to the place of occurrence. On the way, near the house of Bhola Rai on the road, he saw the accused persons including the appellants fleeing away. PW-2 has also stated that when he asked Uday Shankar Prasad as to what was the matter, he did not say anything, however, he was running away in a state of nervousness. PW-2 has further stated that after he reached the house of Panchhi Lal Rai, he saw Kishundeo Rai was smeared with blood and was lying in an unconscious state as also Baijnath Prasad had been injured and at that place Parmanand Rai (PW-1), Panchhi Lal Rai (PW-8), Devanand Rai (PW-3), Baidyanath Prasad (PW-9), Bishwanath Rai (PW-10), Raghunath Rai (PW-4), Upendra Rai and one lady were present as also the people present there were making arrangement to take the injured to the hospital. After Kishundeo Rai was taken to the hospital, he was declared dead. The Officer-in-charge had come at the hospital and had prepared the Patna High Court CR. APP (DB) No.335 of 1995 dt. 02-09-2025 inquest report on which PW-2 had signed which he has identified and the same has been marked as Exhibit-1. PW-2 had recognized the accused persons standing in the dock. In paragraph no.6 of his cross-examination, PW-2 has stated that after the incident, he was not present at the place of occurrence when the police had come for inspection, however he again said that he had seen the police for the first time at the hospital, but his statement was recorded on 4th January, 1994 by the police at the place of occurrence. In paragraph no.9 of his cross- examination, PW-2 has stated that it is not a fact that he had not told the police about the name of the other accused persons other than Uday Shankar Nirala.

16. In paragraph no.7 of his cross-examination, PW-3 has stated that he had stated before the police that after Uday Shankar Nirala had fired gun shot, he had gone to the roof of his house. He had also stated before the police that on the roof, Patna High Court CR. APP (DB) No.335 of 1995 dt. 02-09-2025 Kishun Rai, Harendra Rai, Jagarnath Rai and Abhay Shankar Nirala were present from before. He had also told that the bomb hurled by Kishun Rai had hit Kishundeo Rai and the bomb hurled by Jagarnath Rai had hit Baidyanath Prasad resulting in them sustaining injuries. In paragraph no.12 of his cross- examination, PW-3 has stated that the hospital is at a distance of 3 kilometres from the place of occurrence. In paragraph no.13 of his cross-examination, PW-2 has stated that when the statement of Baidyanath Prasad was being recorded, he was present there, but Panchhi Lal Rai had returned back immediately. In paragraph no.17 of his cross-examination, PW-3 has stated that when he had come outside after hearing hulla (alarm), he saw that Parmanand Rai, Panchhi Lal Rai, Baidyanath Prasad, Vishwanath Rai, Kishundeo Rai (deceased) and the wife of deceased were present there and Uday Shankar Nirala had come there. In paragraph no.19 of his cross-examination, PW-3 has stated that after half an hour of the deceased being shot by gunshot firing, bomb was hurled and at that time, they all were at the veranda which is eastern facing and when they were at the veranda, bomb had not hit anyone but the bomb had hit those who were outside the veranda. In paragraph no.20 of his cross- examination, PW-3 has stated that he had not seen the gun shot Patna High Court CR. APP (DB) No.335 of 1995 dt. 02-09-2025 fired by Panchhi Lal Rai having hit anyone. PW-3 has stated that he had given his statement to the investigating officer on 04.01.1993 (should be 04.01.1994). In paragraph no.23 of his cross-examination, PW-3 has stated that he was at the hospital all throughout the night and the Officer-in-charge had arrived at the hospital for recording the fardbeyan at 10:00 p.m. in the night and he had left the hospital at around 10:30 in the night.

32. PW-15 has also stated that according to the informant, deceased-Kishundeo Rai was shot in the open space situated in front of the house of Panchhi Lal Rai by the accused Uday Patna High Court CR. APP (DB) No.335 of 1995 dt. 02-09-2025 Shankar Nirala on account of which blood had fallen in front of the house as also in front of staircase in huge quantity which she had found. She had also seen blood having fallen on the varanda situated outside the house as also in the courtyard situated inside the house. She had also found remains of explosive substance in the front portion of the house in the varanda and near the staircase. PW-15 had also seen black marks on the roof of the wall situated in front of the said house which appears to have been caused by explosive substance. In paragraph no.4, PW-15 had described the articles seized by her, which have already been described hereinabove. PW-15 had seized the aforesaid articles. PW-15 had seen drops of blood all over the gallery starting from the veranda as also she had found, near the staircase, remains of explosive substance including iron pieces, pieces of tins, nails and half burnt sutari (small rope). In paragraph no.5, PW-15 has stated that one live bomb was recovered from the roof of the hut situated adjacent to the place of occurrence. In paragraph no.7, PW-15 has stated that the seizure-list was prepared by her in presence of SI Uttim Singh. PW-15 has also stated that she had recorded the statements of Panchhi Lal Rai (PW-8), Parmanand Rai (PW-1), Malti Devi, Vishwanath Rai (PW-10), Kamleshwar Prasad Yadav(PW-2), Patna High Court CR. APP (DB) No.335 of 1995 dt. 02-09-2025 Upendra Rai, Devanand Rai (PW-3) and Raghunth Rai (PW-4), who have fully supported the FIR. In paragraph No.9, PW-15 has stated that she had received the injury report of Baidyanath Prasad and the post-mortem report of the deceased from the Sadar Hospital, Hajipur. She had also received supervision report and the letter sanctioning prosecution from the District Magistrate, Vaishali. PW-15 has also stated that upon finding the case to be true, she had submitted charge-sheet against the accused persons.