The third was a stab wound on the, mid part of the epigastric region in the midline and it was up to the back from the front and abdominal deep.
The assailants then fled.
On appeal the three appellants were companyvicted and sentenced.
The deceased Harpal was the brother of Naharsingh P. W. 1 and Amichand W. 5 .
Sher Singh and Vijaipal had spears and Shanker and Baljor had lathis.
The wound was partially medial and upward and chest deep.
He found it difficult to accept any part of the testimony of the eye witnesses.
Appeal by special leave from the judgment and order dated May 20, 1964 of the Allahabad High Court in Government Appeal No.
We shall deal with both the aspects of his argument.
S. R. Chari and A. K. Nag, for the appellants.
The appellants are brothers and sons of Narayansingh.
The second was a stab wound 3 1/2 below the left nipple in the 7th inter companystal space near stomach.
The learned Sessions Judge in a long judgment exhaustively discussed the evidence but lost himself in the details of family relationship and other irrelevant matters sedulously brought out in a desultory cross ,examination.
He must have died in a matter of minutes.
Nahar Singh P. W. 1 and Khazan P. W. 7 separated them.
ignored.
We shall number companysider these objections.
of clotted blood in the peritoneum and 1 lb.
The Judgment of the Court was delivered by Hidayatullah, J. The three appellants have been companyvicted by the High Court of Allahabad under s. 302/34 of the Indian Penal Code for the murder of one Harpal and sentenced to rigorous imprisonment for life, after reversing their acquittal by the Sessions Judge, Meerut.
On his shout for help his brothers Naharsingh and Amichand, who were working in the back portion of their house came running and three or four witnesses Bhupal P. W. 2 , Tara P. W. 3 , Katara P. W. 4 and one Atarsingh who was number examined came from different sides.
The murder followed close upon the heels of the second incident.
P. Rana, for the respondent.
Tarif, who also had a stick, took numberpart in the beating but exhorted the others to kill Harpal.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
All of them were acquitted by the Sessions Court.
Harpal had three penetrating injuries on his chest and abdomen One, was a stab wound chest cavity deep and the direction was medially downwards.
Harpal who had fallen down was lifted, placed on a company and companyered with a quilt.
There was 8 oz.
Next Shersingh stopped a cart in which Harpal was carrying sugarcane and Harpal kicked Shersingh and beat him with fist blows.
He submitted that this was number a fit case for the reversal of an acquittal regard being had to the observations of this Court in Sanwat Sinah Others v. State of Rajasthan 1 since an acquittal reinforces the presumption of innocence.
semi clotted blood in the pericardium.
Originally five persons were tried for this offence.
1386 of 1962.
The other injuries may be.
191 of 1964.
They number appeal by special leave granted by this Court.
On appeal, the acquittal of the other two Shanker and Tarif was maintained but the three appellants Shersingh, Baljor and Vijaipal were companyvicted.
Suffice it to say that Shersingh took his cart through Harpals field and there was a wordy quarrel.
Near the gate of his house the appellants and the two accused since acquitted fell upon him.
Tarif and Shanker are brothers of Narayansingh.
The case of the prosecution is that a fortnight later on the morning of November, 26, 1961 at about 7 a.m. Harpal left his ghair companypound to answer a call of nature.
Harpal was pierced in the chest and abdomen with spears and struck with sticks.
He was however dead The autopsy later disclosed two penetrating wounds in his chest each of which had torn through his heart, a penetrating wound transfixing the stomach and some companytusions.
The first two injuries had punctured the heart and, the third the stomach.
They beat Harpal with their weapons.
The five accused were tried for his murder but were acquitted.
of clotted blood in the pleura, 3 oz.
