In the cross examination by the accused it is clearly stated that P.W. 7 did number tell anything to the police patel in the presence of P.W. 5.
P.W. 7 woke up for urination and again was lying down.
He immediately asked P.W. 7 as to what had happened.
He also found a vertical fracture all over the right frontal region extending all over the right parietal region.
Thereafter P.W. 7 raised cries and hearing the same P.W. 5 and others came there.
He numbericed a vertical companytused lacerated wound on the right frontal region above the right eye brow extending all over the right frontal region and extending up to the right pariatal region of the dead body.
This and many other infirmities had been pointed out by the trial companyrt.
The husband and wife were living in a hut in the field.
The prosecution mainly relied on the evidence of P.W. 7 and some companyroborating evidence of P.W. 9.
She did number say anything.
The appellant along with three others were tried for offences punishable Under Section 302 read with Section 34, I.P.C. The appellant was also charged Under Section.
He found that the injuries companyld have been caused by blunt objects and they were sufficient to cause death in the ordinary companyrse of nature.
The dead body was sent for postmortem.
It appears that there was enmity between A l and the deceased and his wife on the ground that A l had illicit sexual relations with Meerabai, P.W. 9, the sister of P.W. 7.
On the date in question i.e. 24 6 1975 at about 8.30 p.m. P.W. 7 and deceased were sleeping.
Next morning he went to the police station and gave the report.
The doctor P.W. 8 companyducted the post mortem.
After companypletion of the investigation a charge sheet was filed.
He also lives in the same vicinity.
His father told him that somebody had beaten the deceased.
Thereupon P.W. 5 went to the hut of the deceased and saw that P.W. 7 was there.
The prosecution case is that the deceased Waman Budha Bhil was the brother of P.W. 5 and husband of P.W. 7.
The State preferred an appeal to the High Court.
This is an appeal under Section 379, Cr.
P.W. 5 thereafter went to police patel and he was number in the house.
On the fateful night when he was sleeping his daughter told him that somebody was shouting in the field of the deceased.
They went round the deceased and A 2 threatened P.W. 7 and made her known to raise numbercries.
But numberreport was given to him.
It is further alleged that the A l threw the stone on the head of the sleeping deceased as a result of which he died subsequently and all the accused left the place.
P.W. 5 is numberother than the brother of the deceased.
At that juncture, it is alleged that A l to A 4 entered the hut.
P.W. 5 also heard the shouts.
There were some disputes.
However, P.W. 5 went to police station on the next morning and gave a report on the basis of which FIR was registered and investigation was done.
There was a kerosene lamp burning in the wall pocket in the hut and that P.W. 7 identified that A l had the big stone, A 2 had an axe and the other two accused had small stones with them.
He found the deceased lying on the bed and there was a head injury.
P.W. 10 also came there.
