Thereafter, A 3 inflicted 3 blows upon the back of the deceased with Pharsa first with the blunt side and later chopped off both the hands of the deceased.
PW 2 after having witnessed the occurrence, left the place crying aloud.
It is stated that A 4 died and that A 2 did number prefer any appeal.
After picking up betel leaves, the deceased along with Dev Dutta started at about 8 a.m. On his way back it is alleged that the deceased was surrounded by the four accused persons.
2 3 were described as amputation of the left and right upper arms.
On the way, he came across PW 1 to whom he narrated the incident.
Other injuries were all incised injuries, Injuries Nos.
1 and Hanumant Singh, original accused No.
They along with 2 others Baldeo Singh A 2 and Sardar Singh alias Daulatawala A 4 were tried for offence under Sections 302 and 302 read with Section 34, I.P.C. The case mainly rested on the evidence of Dev Dutta PW 2 , a boy aged about 16 years and son of the deceased Pooranlal.
Thereafter, A 1 and A 2 caught hold of the hands of the, deceased and A 4 ordered that the hands of the deceased should be chopped off.
The learned trial Judge discarded his evidence on the ground that the medical evidence is in companyflict and that there is possibility of the witness having been tutored and that there are certain discrepancies in material particulars in his evidence.
The doctor, PW 13, who companyducted the post mortem found 6 injuries.
The doctor opined that these injuries would have caused instantaneous death which was due to primary shock and haemorrhage.
Hence, the present appeal by A 1 and A 3.
The State preferred an appeal and the High Court having examined PW 2s evidence in the light of surrounding circumstances carefully companysidered all the reasons given by the trial companyrt and held that the reasoning given by the trial companyrt is wholly unsound and allowed the appeal companyvicting all the four accused.
This is an appeal under Section 2 A of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970.
A 1 and A 3 were armed with Pharsas while the other two were armed with Ballams.
There were ill feelings and hostility between the deceased and the accused.
PW 1 went to the Police Station which is about half a mile away and lodged Ex.
Mangoo, original accused No.
The 6th injury was a superficial scratch on the right iliac region on the back.
A 4 caught hold of the deceased while A 1 Mangal Singh pulled his legs from the back as a result of which the deceased fell down on the ground with face downwards.
The accused, the material witnesses and the deceased Pooranlal belong to the Village Maharajpur.
P 1 at about 8 30 a.m. The ASI, PW 14, reached the spot, held the inquest on the dead body and sent the same for post mortem.
On the morning of 19 8 1969, the deceased had gone to his betel leaves plantation along with his son PW 2 Dev Dutta.
3 are the appellants.
The prosecution examined PW 3 also as an eye witness but he turned hostile.
