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2. A fard-beyan has been given by Kameshwar Prasad Yadav (P.W. 20) to Nagendra Singh the then Sub-Inspector of Police, Goh Police-Station on 10-6-1977 at about 1 p.m. in the Goh Hospital, on the basis thereof a case was registered under Sections 147, 148, 149, 302, 307, 326, 324 and 323 of the Indian Penal Code and Section 25 of the Arms Act and Section 3/5 of the Explosive Substance Act, the same day at about 2.30 p.m. against the said accused appellants and others. In the fard-beyan it has been said that the informant Kameshwar Pd. Yadav resident of village Pali along with his villagers Jagdeo Yadav, Deven Singh, Bidyabilas Singh, Krishna Yadav and others had gone to Sagarpur polling station for casting their votes in the Assembly election on 10-6-1977 at about 6.30 a.m. The voters of villages Sagarpur, Khaira, Jujharpur, Pali, Govindpur, Rampur, Digrahi and others were to cast their votes at the polling station or Sagarpur. As the election had not started, the informant and his co-villagers sat on a find to the east of the said polling booth. In the meantime Sohan Yadav, Dharamdeo Yadav, Rajdeo Yadav, Mitar Yadav, Charitar Yadav, Sohan Yadav, Jagdeo Yadav and Bindeshwar Yadav all or village Rampur, Dukhan Yadav, Dasruth Yadav, Briksh Yadav, Rajdeo Yadav, Jagdeo Yadav and Ramnarain all of village Govindpur, Ramratan Yadav, Chander Yadav, Rambilin Yadav and Simran Yadav of village Digrahi, Bindeshwar Yadav, Rampati Yadav, Kailash Yadav, Sheonandan Yadav, Nanhe Yadav, Ramchandra Yadav, Ramrup Yadav, Sohrai Yadav and others had also come. All these persons were waiting for casting their votes. Then about fifty persons armed with lathis, bhalas, garasas, bombs came to the west of the polling booth. Out of them, the informant identified accused Ramkrit Sharma, Baikunth Sharma, Awadhesh Sharma, Hardwar Sharma armed with country made guns, Rajendra Singh, Alakh Singh, Dudheshar Singh, Ramadhar Singh, Caya Singh, Jairam Singh, Brijnandan Singh, Rajkishore Singh, Nawal Singh, Mahendra Singh all of village Sagarpur, Brijnandan Singh, Rambilash Singh, Baliram Singh, Darsi Sharma and Fudani Sharma all of village Barpa, Mukhan Singh, Lal Singh, Madan Singh, Rama Singh and Binod Sharma of village Khaira armed with country made guns, Dinesh Singh of village Khudwa, Nand Kumar Singh of village Murera, Kishun Singh of village Rukundi and Dudheshwar Sharma of village Mujhara armed with guns. When the informant and others proceeded towards polling booth to cast their votes, then the aforesaid persons began to abuse and asked them not to cast their votes. In spite of their warnings the informant and others continued proceeding towards the polling booth. Thereupon Nand Kumar Singh of village Murera ordered to assault them and then Nand Kumar Singh himself opened fire causing gun shot injuries to Jagdeo Yadav who fell down as a result thereof. Other accused also started firing from their guns. Jagdeo Yadav of village Pali was hit by the firing of Ramkrit Sharma. Sohan Yadav of village Rampur was hit by the firing of Bageshar Sharma, Baikunth Sharma fired and injured Dharamdeo Yadav of village Rampur whereas Awadhesh Sharma fired and hit Dukhan Yadav of village Govindpur, Dueshwar Sharma hit Briksh Yadav of village Govindpur and Darsi Sharma hit Chandbudar Yadav. The accused and others were firing indiscriminately at the informant and other persons causing injuries to the informant and the witnesses by their gun shots. Then the informant and others began to flee towards east, the accused assaulted them with bombs and garasas. Nand Kumar Singh had ordered to kill them. In the meantime the patrolling party came on hearing gun fire and bomb explosion. Thereupon the accused persons made good their escape towards west. The informant and others went thereafter to the place and found Sohan Yadav and Dharamdeo Yadav of village Rampur, Dukhan Yadav, Dasrath Yadav, Rambriksh Yadav and Jagdeo Yadav of village Govindpur and Chandbudar Yadav of village Kujwan, dead there. Many persons had received injuries. The injured were taken to Goh Hospital on a tractor where Jagdeo Yadav of village Pali also died. Accused Nand Kumar Singh, who is dead now, was one of the candidates in the said election and he wanted all the votes to be cast in his favour which resulted in the said occurrence.

5. The prosecution, in support of its case, produced 23 witnesses. Out of them Sheonandan Yadav, Rampati Ram, Kailash Nath Yadav, Sohrai Yadav, Ramnarain Yadav, Rajdeo Yadav, Bindeshwari Yadav, Ramdeo Yadav, Ranuku Yadav, Charitar Yadav, Ramratan Yadav, Jageshwar Yadav, Surya Ram Yadav, Rambali Yadav, Vidya Bilash Yadav, Kameshwar Yadav and Ram Sewak Yadav P.Ws. 1 to 7, 9 to 13, 15, 17 to 21 are the eye-witnesses. Among them P. W. 20 is the informant himself. P.W. 8 is Dr. Jamilal Rahman who had conducted postmortem examination. Jagdeo Yadav and Ramnarayan Yadav (P.Ws. 14 and 16) had been tendered. P.W. 22 Rampeyare Singh had proved the carbon copy of first information report (Ext. 2), carbon copy of fard-beyan (Ext. 3) and carbon copy of the case diary (Ext. 4). P.W. 23 is Umesh Mishra who proved the signature of the informant on the fard-beyan.

22. It was also argued that the fard-beyan which is the basis of first information report, and not been given by the informant and if given was not proved to have been given by the informant and so the very basis of the case goes away.

As to this contention, fard-beyan (Ext. 3) is the carbon copy of the original which is said to have been sent to the High Court in election case. This fard-beyan is said to have been given to the police by Kameshwar Yadav (P.W. 20). Kameshwar Yadav, as seen above, has said that he is the informant in this case and that he was injured and after the occurrence he along with other injured and the deceased were taken to the hospital where his statement was recorded. P.W. 20 has stated (in para 2) that on Goh Hospital his statement was recorded by the police which he has signed. The investigating officer or the police officer who had recorded the fard-beyan has not been examined but P.W. 23 Umesh Mishra a taid (clerk) has said that he knew Kameshwar Yadav and the fard-beyan bears the signature of Kameshwar Yadav and that he is acquitted with the writing and signature of Kameshwar Yadav. He has also said in his cross-examination that Kameshwar Yadav was not related to him nor has he even done pairvi in any of his cases. Though the investigating officer of this case has not been examined but P.W. 22-Rampeyare Singh, Assistant Sub Inspector of Police (for short A.S.I.) has proved the carbon copy of the first information report (Ext. 2) carbon copy of the fard-beyan (Ext. 3) and carbon copy of the case diary (Ext. 4). This witness also said that he had seen Nagendra Singh's writing and signing. He has categorically said that the carbon copy of the first information report had been written by Nagendra Singh and it also bears his signature. He has said that he was then in Aurangabad for about one year but he had been in that range about 12 years ago and that he had worked with Nagendra Singh in Gaya. Learned counsel for the appellants has said that the provisions of Section 47 of the Evidence Act have not been complied with. But this contention is not maintainable as Section 47 of the Evidence Act says that when the Court has to form an opinion as to the person by whom any document was written or signed, then the opinion of any person acquainted with the hand writing of the person by whom it is supposed to be written or signed is a relevant fact. The explanation to the section also says that a person is said to be acquainted with the handwriting of another person when he had seen that person writing. Here P.W. 20 Kameshwar Yadav is categorical in saying that he had given his statement in the hospital and he had signed it. P.W. 23 is clear in saying that the fard-beyan bears the signature of Kameshwar Yadav and P.W. 22 says that he was acquainted with the hand writing of Nagendra Singh. So in this way the compliance of the provisions of Section 47 of the Evidence Act has been done and from this evidence it can be said that the fard-beyan was given by Kameshwar Yadav to Nagendra Singh, investigating officer that he had also put his signature on the fard-beyan and that the signature and writing of Narendra Singh (I.O.) are on the fard-beyan.

23. It was also argued that the first information itself has not been proved as the investigating officer has not been examined to say that he registered the first information report. As to this point, as seen earlier, P.W. 23 Rampeyare Singh, A.S.I, has proved the carbon copy of the first information report as well as carbon copy of the fard-beyan. He has said that he had seen Nagendra Singh's writing. Further the informant himself had admitted the contents of the first information report in all its entirety and particulars. He also admits to have put his signatures on the fard-beyan on the basis of which the first information report has been registered. Further P.W. 22 Ram Payare identified the signatures of the police officer who has signed on the report. The handwriting and signature of the police officer who had registered the first information report have been formally proved by this witness. The prosecution has thus discharged its duty to produce it and finally proved it like any other document to be tested and considered by the Court. Further there does not appear to be any reason to the prosecution for changing the first information report or fabricating the same when all the witnesses have deposed accordingly and the circumstances of the case speak in support thereof. In these circumstances, the Court cannot presume that the fard-beyan and the first information report are spurious or fabricated documents and the non-examination of the officer registering the first information report has any effect fatal to the prosecution.