deceased was not positively proved to be advancing
threateningly with a spear poised for attack, towards the
appellant or his father, yet, a consideration ... extent that the deceased had
rushed to the scene with a spear. It overlooked that the
deceased while going to help
house and was smoking hubble bubble, when the appellant returned with a spear. He gave a kick to the deceased on his back ... kick the deceased fell down and the appellant gave two or three spear blows on the chest of the deceased.
4. According to the prosecution
kill and beat. A1 alleged to have inflicted
injuries by a spear on P.W.1 on his right thigh and on his back ... house. Then A1 to A4
allegedly chased D1 and attacked him with spears and axes. A2 held D1
tightly and A3 put a towel over
Bishram Pandey were armed with gun and
Somaru Pandey armed with spear. On entering the field on
exhortation of Somaru Pandey and Shradha Ram, Raghunath ... guns which
caused injuries to the villagers. The appellant Somaru Pandey
hurled spear towards Birender Pandey and Bharat Pandey which
caused injuries to Bharat Pandey
house together at about 10 p. m. and the deceased carried a spear in his hand. Both of them went to the house of Bhikjya ... arrest, he gave the information leading to the discovery of the spear which was found to be stained with human blood, and that
that when beaten by the: accused they snatched the sticks
and spears from them and retaliated. The tenth accused put
forth a plea of alibi ... offence
of rioting and that at that weapons to wit,
'spears' and the 10th accused was armed and
within my cognizance;
Thirdly : that
rushed at them and began to beat them with the handles of spears which were in the hands of Bhopal and Kripal and with ... also ten other persons who were there, armed with lathies and spears attacked Indraj and some other persons on his side, who by that time
would pass. Lallu was armed with lathi. Asharfi was armed with a spear of the other four Chandra Bhal had a kanta, Basdeo a spear ... respondents surrounded Chha-trapal and assaulted him. Sukkhi further said that spears, ballam and bhala were pierced in the face of Chhatrapal. The High Court
Court doubted the prosecution story regarding Alam and Wasla being armed with spears. In the inquest report injury No. 14 comprising eight incised wounds ... however, is not that these eight incised wounds were caused by a spear. The High Court, therefore, doubted the version of the prosecution witnesses that
possession of certain land; in which
the appellant inflicted a fatal spear injury on the chest of
the deceased. in a prosecution for offences under ... private
defence on the sole ground that he had used his spear with
greater force than was necessary, that he had given a
dangerous blow
