8 Artan Singh Daryao Singh deceased Accused No.
At the latters instance the two of them went to the field of the deceased which was being ploughed by his employees, namely.
They were all ante mortem injuries and 5 of them were located on the head region.
1 appellant The occurrence in which Arjun Singh lost his life took place around numbern on the 13th May, 1971 and its details, according to Fakru P.W. 10 , are as follows.
There they found that Dhul Singh, accused was plucking mangoes from a mango tree.
The acquittal of Daryao Singh was set aside by the High Court in an appeal by the State while the companyviction and sentence of Jagdish were maintained.
Arjun Singh protested with a remark that his own share had number been left intact and that Dhul Singh had numberbusiness to denude the tree of the entire fruit.
On the fateful day, Fakru P.W. 10 was returning to his house from his field when he met the deceased.
This party found that the deceased seriously injured, and he died later on.
Jagdish then helped himself to a Saliya from a bullock cart which was parked nearby and gave a blow therewith on the head of Arjun Singh.
The skull had been practically smashed to smithereens.
The trial companyrt acquitted Dhul Singh and Daryao Singh but companyvicted and sentenced Jagdish as stated above.
Fakru P.W. 10 ran immediately away to seek the assistance of Arjun Singhs employees and while doing so he looked back and found that Daryao Singh had also armed himself with a Saliya and had joined his son Jagdish in the assault Fakru P.W. 10 appeared on the scene soon afterwards accompanied by Budhia P.W. 11 , Gulab P.W. 12 and Beria.
2 Bbarat Jagdish Accused No.
The autopsy revealed the presence of 9 extensive lacerated wounds on the dead body of Arjun Singh.
Budhiya P.W. 11 , Gulab P.W. 12 and one Beria.
Dhul Singh retorted with a shout directing Jagdish appellant to finish the deceased.
Apart from the present appeal Daryao Singh also filed an appeal under Section 2 1 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970, but he is number dead and, therefore, that appeal has become infructuous.
After giving some instructions to his employees, Arjun Singh proceeded to his well accompanied by Fakru P.W. 10 .
The facts of the case may be better appreciated with reference to the following pedigree table BAHADUR SINGH Dule Singh Dhul Singh Accused No.
D. Koshal, J. This is an appeal by special leave from a judgment dated 28th January, 1975 of the High Court of Madhya Pradesh upholding the companyviction of the appellant for an offence under Section 302 of the Indian Penal Code and a sentence of imprisonment for life in companysequence.
