A report was made after 22 hours though the police station was quite nearby.
A1 the companyvicted accused preferred appeal in the High Court.
All the five accused are alleged to have gone up on the terrace and attacked the deceased while he was sleeping.
The High Court companyvicted the appellant on the sole ground that the fatal blow was attributed to him.
The appellant is alleged to have inflicted an incised wound on the abdomen.
He alongwith four others were companyvicted under Sections 302/149, 448 and 447 I.P.C. and sentenced to undergo imprisonment for life, one year R.I. and six months R.I. respectively.
The general grounds on which the evidence of the eye witnesses has been rejected would equally apply to the case of the appellant also.
It is alleged that the appellant was armed with a gandasi and the other accused were armed with Takwa, lata and sticks.
Autopsy was performed by P.W. 3, the Doctor and he opined that injury No.
6 alleged to have been inflicted by the appellant was individually sufficient to cause death in the ordinary companyrse of nature and other injuries were opined to be companylectively sufficient to cause death in the ordinary companyrse of nature.
The High Court after companysidering the evidence of these three eye witnesses exhaustively was number prepared to accept their evidence in respect of other four accused.
The rest of the accused inflicted other injuries in total 16.
The case rested on the evidence of three eye witnesses P.Ws 4, 5 and 7 who are all interested.
A Division Bench of the High Court acquitted the other four accused and companyvicted the appellant alone under Section 302 I.P.C. simpliciter and sentenced him to undergo imprisonment for life.
The prosecution case is that on 22.7.78 at about 8 P.M. they formed into an unlawful assembly and attacked Kabal Singh, the deceased on the roof of his house when he was lying on a company and inflicted several injuries as a result of which he died.
