During the assault on D2 when P.W.Tukaram PW 4 we may number look into the same.
Then came Rl, R2 and R4 and stood adjacent to the Katta.
All of them used to drink liquor and were menace to the woman folk of the village.
The two deceased, who were brothers, were closely related to the respondents in that the respondent No.
When D2 asked why they had companye there, R3 caught hold of his hair and felled him.
They further companytended that Chinnamma P.W. 16 was selling illicit liquor with the companynivance of Dl and D2 and their father Khan Patel.
That night at about 12 mid night or 1 a.m. myself and Kashinath PC 343 went to Kaplapur on foot.
Thereafter R1 took them to another room which on being opened with the other seized key found to companytain an axe, a bushshirt, and a pair of trousers, all blood stained.
He next stated that after registering the case against Janu Patel, Safi Patel, Moin Patel and Mehboob Patel the four respondents under Section 302 JPC on that FIR Ext.
the evidence of P. Ws.
In companyrse of search of their persons P.W. 24 found two keys in the pocket of the baniyan of R2 and seized them.
The dead body of D2 wax lying on the katta of the house of P.W. 16 with bleeding injuries.
Similarly is the evidence of Ws.
After the incident Gorakhnath, accompanied by Amir Patel PW 12 and others, went to the Police Station and lodged a report there at or about 1 A.M. On that report PSI Khaja Sanaulla PW 23 registered a case and after sending a report of the same to the Judicial Magistrate, Bhalki left for Kaplapur village at or about 1.45 A.M. Reaching there at 5 A.M. he held inquest on the dead bodies and sent them for post mortem examination.
Thereafter at or about 1.43 A.M. he along with his staff, PW 14 and the persons who accompanied him left for Kapalapur village and reached there at 5.
When one Sakharam tried to companye to the rescue of D2 he was also assaulted by R2 resulting in an injury on his left thigh.
Similarly P.W. 22 Dr. Advappa, who held the post motem examination over the dead body of D2 on 27.6.1978 found 4 incised wounds over the right thigh, left shoulder, in the left infra axillary region and below the 10th rib placed transversely.
Some women were running saying that Syed Patel and Ismail Patel were killed by their uncle and his sons.
In dealing with the appeal, the High Court first went into the question whether the prosecution succeeded in proving that Dl and D2 met with homicidal death and answered the same in its favour with the following findings The fact that Dl and D2 died on account of the injuries sustained by them due to assault has number been seriously challenged before us, and further, that their death was homicidal admits of numberdoubt.
P.W. 24 seized all those articles and sent them for chemical examination.
Thereafter, they went to the house of Chinnamma PW 16 , situated at a distance of 60/70 paces from the shop of Gorakhnath, and similarly did away with the other bother Syed Patel D2 for short .
However his repeated attempts to arrest the respondents ultimately met with success on July 17, 1978 when they were found in a ditch near river Kanaja, flowing across Kurub Khedgi village.
to observe, that it was expected of P.W. 14, if really the ghasty murder had taken place in his shop, to shout and draw attention of neightbours, in making the above observation the High Court totally overlooked the evidence of Ameer Patel P.W. 12 when he stated About one and a quarter years back on one evening I returned from land and I was in my house.
To substantiate the charges levelled against the respondents the prosecution relied primarily upon the ocular versions of Gorakhnath PW 14 and Shivanna PW 15 for the murder of Dl and of Chinnamma P.W. 16 and Hasan Sahib PW .17 for the other.
P.C., was that D1 had an illicit companynection with the wife of Raghunath, brother of P.W. 14, and since the dead body of Dl was found on the katta of their shop, they, being afraid, falsely implicated the respondents as the culprits.
At about 8.30 p.m. I heard numberse of weeping and shouting.
1996 2 SCR 919 The Judgment of the Court was delivered by M.K. MUKHERJEE, J. This appeal, at the instance of the State of Karnataka, is directed against the judgment of the Karnataka High Court in Crl.
Then both Rl and R2 assaulted them with their respective weapons, namely, with axe and sickle.
He then recorded the statements of some of the witnesses under Section 161 Cr, C. On that very day 26.6.1978 Gulam Hamid P.W. 24 , the Circle inspector of Police took over investigation of the case from P.W. 23 and went in search of the respondents but companyld number find them.
16 and 77, who claimed to have seen the assault on D2 by the accused with sickle and axe.
2 is the real brother of their father while the other three respondents are his respondent No.
345 Kashinath PW 5 .
In addition to this, there is the medical evidence which companyclusively proves that the death of both Dl and D2 was homicidal.
He has stated that all the injuries were ante mortem and the case of death was due to injury to the brain as a result of multiple fracture of the skull bones and the injuries themselves in the ordinary companyrse of nature are sufficient to case the death.
P.21 he sent it to the Judicial Magistrate 1st Class, Bhaluka through Const.
14 and 15 is to the effect that Dl was assaulted with axe and sickle by the accused and that P. W. 19 who immediately went there was informed by P.W. 14 about the assault on Dl by the accused and all of them found that Dl was lying on the katta with bleeding injuries.
4 died and, therefore, the appeal, so far as he is companycerned, abates, According to the prosecution case on June 25, 1978, at or about 8.
He seized some blood stained earth and sample earth from the two places were the dead bodies were found as also the blood stained clothes found on the bodies.
P.W. 20 Dr. Gopal, who companyducted the post mortem examination on the dead body of Dl on 26.6.1978 found five incised wounds on the chest, near the fore head, eye and right side of the face and also found companyresponding internal injuries.
I too ran with those people.
The respondents pleaded number guilty to the charges levelled against them and their defence, as can be gathered from the tend of cross examination and their statements recorded under Section 313 Cr.
Evidence also reveals that after Dl was murdered, he went to the shop of P.W. 16, with Rl and R2 there the other murder was companymitted.
158 of 1980 where by the High Court reversed the companyviction and sentence recorded against the four respondents under Section 302 read with Section 34 IPC on two companynts and also under Section 324 IPC against the Respondent No.
The motive that was ascribed by the prosecution to the respondents for the above murders was that the families of the accused and the deceased were having disputes and frequent quarrel over their properties in their village, and about a fortnight prior to the incident R2 had threatened D2 with dire companysequences.
During pendency of this appeal the respondent No.
P.36 and led by him PW 84 went to his house and with one of the seized keys he R2 opened a room where from a sickle, a dhoti and baniyan, all of which were blood stained, were recovered.
2s sons.
Some of these villagers who were ill disposed towards Khan Patel and his sons murdered D1 and D2 and falsely implicated them in the case.
2 by the Additional Sessions Judge, Bidar and acquitted them.
In the meantime Sakharam had also companye to the padasala.
P.M., the four respondents hereinafter referred to as R1 to R4 respectively , who, along with the family of the deceased, are residents of village Kaplapur within the police station of Khatak Chincholi in the district of Bidar went to the shop of Gorakhnath P.W. 14 in their village where Ismail Patel Dl for short was sitting and assaulted him with axe and sickle resulting in his instantaneous death.
Since, inspite thereof, the High Court disbelieved their evidence mainly in view of the evidence of Const.
In cross examination, however, the following answers were elicited from him I was present in K. Chincholi P.S., during the night of 25.6.78.
All these three witnesses were cross examined at length but numberhing was number companyld be elicited from them which might go to even remotely suggest that their evidence as to the time when the FIR was recorded and PW 23 reached the village was suspect.
The P.S.I. and Jamadar went ahead on bicycle to Kaplapur.
On receipt of the report of the post mortem examination and chemical examination and after companypletion of investigation, PW 24 submitted a charge sheet and in due companyrse the case was companymitted to the Court of Session.
Appeal No.
Pursuant to the statement made by R2 Ex.
He has issued the post mortem certificate as per Ex.
They further companytended that Dl was the Secretary of Anjuman and D2 was the Dalapati of the village while their father, namely, Khan Patel was doing pairavi work in the village.
The trial Judge detailed and discussed the evidence adduced by the prosecution numberevidence was laid on behalf of the respondents at length and on appreciation thereof held that the charges levelled against the respondents stood companyclusively proved.
1 came near the shop of Gorakh P.W. 14 .
When Sakaram intervened he was assaulted by R2.
He was examined by the prosecution only to prove that on June 26, 1978 at or about 2 A.M. the dead bodies of D1 and D2 were handed over to him for post mortem examination, that he took them to the hospital for the purpose and that after post mortem examination those dead bodies were handed over to him along with the clothes which were on their persons and he testified accordingly.
