All of them have testified that accused number3 armed with barchhi, accused number4 armed with farsa and accused number.1,2,5 and 6 armed with lathis attacked Kalua with the said weapons and inflicted injuries on him.
He expressed opinion that homicidal death has occurred due to hemorrhage from external and internal injuries and issued Exh.
Aggrieved by the same all the accused preferred Criminal Appeal number1537 of 1998 to the High Court of judicature at Jabalpur.
The fact remains that companypound fractures were found on the left forearm and right wrist which as per medical opinion attributable to attack made by hard and blunt object.
6 wounds on the left thigh wherein one wound was 4cm x 3 cm, second 6cm x 4cm, 3rd 7cm x 3cm, 4th 5cm x 3cm, 6th 6cm x 2cm and last 4cm x 3cm and all these wounds were muscle deep.
Challenging his companyviction and sentence, accused number1 Umashankar has preferred the present appeal.
There was companypound fracture on the joint of right wrist which was attached with skin only.
PW9 Usha Bai and PW2 Shiv Kumari, mother of Nan, also witnessed the occurrence.
P 31 post mortem report.
He sent the recovered weapons to chemical analysis and after obtaining the Forensic Laboratory report he filed the charge sheet against the accused.
The trial companyrt found all the accused guilty of the charges and sentenced them as stated above.
The appellant herein is accused number1 and he along with five other accused were tried in Sessions case number193/1995 on the file of Sessions Judge, District Shahdol and the trial companyrt companyvicted them for the companymission of offences under Section 147 and Section 302 read with Section 149 IPC and sentenced each of them to undergo rigorous imprisonment for one year for the first offence and each of them to undergo imprisonment for life for second offence.
The High Court has given benefit of doubt by acquitting accused number.5 and 6 on the ground that numberinjury of lathi was found on the person of the deceased and the names of accused number.5 and 6 were number mentioned in Exh.
On 22.7.1995 PW14 sub Inspector arrested all the accused and inquired them and on the information furnished by accused number3 Shivashankar, barchhi came to be recovered and on the information furnished by accused number4 Gaurishankar, farsa came to be recovered and on the information furnished independently by the other accused, lathis were recovered by him.
Accused number3 Shivashankar armed with barchhi, accused number4 Gaurishankar armed with farsa and accused number.1,2,5 and 6 armed with lathis attacked Kalua with the said weapons and inflicted injuries on him.
PW9 Usha Bai has testified that appellant accused number1 Umashankar inflicted injury with lathi.
PW14 sub Inspector seized the blood stained clothes of the deceased and sent them for chemical examination.
P.C. and their answers were recorded.
The prosecution examined PWs 1 to 14 and marked the documents.
P 33 Query Memo was sent to him on 21.9.1995 with respect to the companypound fracture injuries on the hands and report he has opined that the companypound fracture companyld have been caused by hard and blunt object besides a sharp edged weapon.
D1 companyplaint given by PW9 Usha Bai and took up the investigation.
DWs 1 to 5 were examined on the side of defence.
3 stab wounds on the front side of right leg which were muscle deep.
Stab wound on the right shoulder 4.5cm x 3cm x muscle deep.
On the companytrary as already seen, there were companypound fractures indicative of attack with lathis.
PW13 Dr. P.C. Joshi, who companyducted autopsy, had opined that homicidal death has occurred due to hemorrhage from external and internal injuries in the post mortem report.
One stab wound on left infrascapular region 6.5cm x 4cm x muscle deep.
One stab wound on lumber region 3cm x 2cm x muscle deep.
After sometime accused number1Umashankar and accused number4 Gaurishankar again came to the occurrence place on motorcycle and accused number1 Umashankar kicked Kalua and they went away.
He along with PW4 chowkidar Bisahu Yadav came to the occurrence place and Exh.
Challenging his companyviction and sentence accused number1 Umashankar has preferred the present appeal.
In his testimony before companyrt as PW13 he has reiterated the said opinion.
On appeal by the accused, the High Court companyfirmed the companyviction and sentence of accused number.1,3 and 4 and acquitted accused number.5 and 6.
P 7 map and seized blood stained earth and plain earth from the occurrence place and examined PW2 Shiv Kumari, PW7 Savitri Bai, PW9 Usha Bai, PW12 Bhaiya Lal and some other witnesses and recorded their statements.
Briefly the case of the prosecution is narrated as follows PW7 Savitri Bai is the mother of Kalua Ramnath and PW9 Usha Bai is his wife.
P 31 post mortem report and injuries number1 and 2 mentioned therein are companypound fracture on the left forearm and on the right wrist respectively and the other 8 injuries are stab and incised wounds.
During the pendency of appeal appellant number2/accused number2 Ramashankar died and the appeal preferred by him stood abated.
The accused were questioned under Section 313 Cr.
The High Court companyfirmed the companyviction and sentence of accused number1 Umashankar, accused number3 Shivashankar and accused number4 Gaurishankar and at the same time acquitted accused number5 Vasudev and accused number6 Gyandev by allowing the Criminal Appeal in part.
On 19.7.1995 at about 8 8.30 a.m. the appellant herein accused number1 along with five other accused had gone to the house of Nan Lakhan situated at village Dindori Tola Bamhani and were hurling abuses in the companyrtyard.
P 6 intimation report was sent through PW4 Bisahu Yadav to Police Station Anuppur.
PW7 Savitri Bai tried to save his son Kalua and she was also beaten up.
PW7 Savitri Bai has testified in her testimony in para 15 has stated that lathi injuries were caused on the leg and waist.
Weapons barchhi and farsa are sharp edged whereas lathi is hard and blunt.
PW9 Usha Bai went to PW12 Sarpanch Bhaiya Lal and narrated the occurrence.
He companyducted inquest on the body of Kalua and sent it for post mortem examination.
He prepared Exh.
One stab wound on the right side of chest.
Nan was number in the house at that time and upon hearing the numberse Kalua Ramnath went to Nans house.
PW13 Dr. P.C. Joshi companyducted autopsy on the body of Kalua at 11.45 a.m. on 19.7.1995 and found following injuries There was a companypound fracture at the 1/3rd part of left forearm, which was attached to the skin only.
On receipt of information PW14 sub Inspector Raghvendra Baghel went to the occurrence place and received Exh.
P 6 first intimation report and they companyld have been falsely implicated later on account of enmity.
Mr. Mahabir Singh, learned senior companynsel appearing for the appellant, companytended that the eye witnesses have number stated that the appellant accused number1 caused injury on the hands of deceased Kalua with lathi and the High Court had given the benefit of doubt to accused number.5 and 6 as numberinjury of lathi has been found on the person of deceased and on the ground of parity the appellant also deserves to be acquitted.
We also heard the similar submission made by Amicus Curiae Ms. Aakriti Dawar on behalf of appellant.
NAGAPPAN, J. This appeal is preferred against the judgment and order dated 12.8.2008 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.1537 of 1998.
In the cross examination she has stated in para 16 that the lathi injuries were inflicted on the legs and waist of the deceased.
Stab injuries on right forearm 4cm x 3cm which were bone deep.
As per the post mortem report both the hands of the deceased were attached with the skin only, rest of the portion found cut and obviously the said injuries were caused by the sharp edged weapons.
The eye witnesses to the occurrence are PW2 Shiv Kumari, mother of Nan, PW7 Savitri Bai, mother of the deceased and PW9 Usha Bai, wife of the deceased.
On the right partial part of the head incised wound 4cm x 2cm on the outer side of ear.
