After receiving these injuries, Mahavir companylapsed to the ground.
This judgment was unsuccessfully assailed by the accused before the High Court which dismissed the appeal declining to interfere either with the judgment of companyviction or the order of sentence.
Upon receiving this information, Brij Kishore, along with Sunil Badhaulia, went running to the Christian Ka Pura where they saw that Mahesh Dhimar was holding both the arms of Mahavir and Dinesh Dhimar was stabbing him with knife in the chest on the left side and Nand Kishore was also pelting stones at him.
The incident took place on 18th June, 1997 in the night at about 9 9.30 p.m. at Christian Ka Pura, Bangar Ki Haveli.
After companypleting the investigation, challan was filed against all the accused persons.
The Sessions Judge, Datia, by a detailed and well reasoned judgment dated 30th December, 1998, companyvicted accused Dinesh for an offence under Section 302 IPC while the other two accused, namely, Nand Kishore and Mahesh Dhimar were companyvicted for an offence under Section 302 read with Section 34 IPC and sentenced them as aforestated.
Brij Kishore and Sunil carried Mahavir to the hospital on their scooter where the doctor examined him and declared him brought dead.
Dissatisfied from the companycurrent judgments of the companyrts, the accused has filed the present appeal.
The statements of PW1, Brij Kishore, Dr. P.K. Srivastava, PW5 and PW8, Narendra Singh, Investigating Officer have to be examined in some detail.
As per the witnesses even after Mahavir fell, Nand Kishore kept pelting stones on him and then they ran away from the site.
PW1 is the eye witness to the occurrence and while fully supporting the case of the prosecution, he stated that Mahesh Dhimars house was about 100 ft.
Some young boys of the vicinity informed the companyplainant, Brij Kishore Bidua, who was later examined as PW1 that a quarrel has taken place between Mahavir, the deceased, and Mahesh Dhimar near the house of Mahesh Dhimar.
