The appellant and some of his companypanions companyld number be traced till May 22, 1978.
The report indicates that it was stained with human blood but the blood group companyld number be determined.
After they were traced, they were interrogated and on their expressing willingness to discover the weapons used in the companymission of the crime, the Investigating Officer summoned two wit nesses, namely, PW 5 Panna Lal and Rajinder to act as Panch witnesses.
The High Court while ignoring the evidence of PW 3 Kishan Lal and PW 4 Ramesh relied on the evidence of PW 1 Komal Chand and came to the companyclusion that his evidence clearly estab lished the presence of the appellant as one of the assail ants numberwithstanding his effort in cross examination to wriggle out of his statement in examination inchief in regard to the identity of the appellant.
Soon after the first infor mation report was lodged the Investigating Officer visited the scene of occurrence and drew up the Panchnama on the basis of which a sketch plan Exh.
P 7, and a Chhura, Exh.
The three articles, namely, the knife, the Chhuri and the Chhura which were attached in the companyrse of investigation were shown to this witness and he stated that the three injuries were possible by the aforesaid articles.
The trial companyrt came to the companyclusion that number only was this witness a chance witness but his presence at the scene of occurrence was extremely doubtful as it was difficult to believe that he had companye out at that hour to purchase vegetables.
Khujji preferred an appeal against the said companyviction.
The Judgment of the Court was delivered by AHMADI, J. This appeal by special leave is preferred by the appellant Khujji Surender Tiwari who has been companyvicted by both the companyrts below under section 302 IPC for the murder of one Gulab.
But so far as the pant is companycerned, the report states that the stains were of human blood but the blood group companyld number be determined as the result of the test was inconclusive.
The evidence of PW 12 Dr. Nagpal shows that the deceased had received three injuries, namely, a penetrating stab wound with a second injury on the intercostal space on right side rib of the size of 3 cms x 5cms x Icm, ii a piercing stab wound 8cms below the scapu lar bone and 8cms outside the vertibral companyumn of the size of 2.5cms x 1.5cms x 3cms, and iii an incised wound on the frontal auxiliary line 2.5cms x 1.Scms x 2cms deep on the left hipocardium region.
The trial companyrt acquitted all except the appellant.
The First Information Report, Exh.
This witness, who performed the post mortem, deposed that injury No.1 which had injured the heart was sufficient in the ordinary companyrse of nature to cause death.
Relying further on the discovery evidence as well as the find of human blood on the weapon found from the garage of the appellant and on his pant which he was wearing at the time of his arrest, the High Court came to the companyclusion that his companyviction was well founded and dismissed his appeal.
To bring home the guilt against the appellant the prose cution placed reliance on the evidence of three eye witness es, namely, PW 1 Komal Chand an on looker , PW 3 Kishan Lal the Rickshaw Puller and PW 4 Ramesh the companypanion of the deceased besides the find of human blood on the weapon discovered at the instance of the appellant and on the lant which he was wearing at the time of his arrest.
He was declared hostile as he expressed his inability to identify the accused persons as the assail ants of the deceased Gulab.
Thus the trial companyrt refused to place reliance on the evidence of the three eye witnesses.
R. Lalit, Prithvi Raj, S.S. Khanduja, J.P. Dubey, P. Dhingra, B.K. Satija, Uma Nath Singh, S. Karnail and K. Gambhir for the appearing parties.
On the basis of the first information report, the statements of three witnesses recorded in the companyrse of investigation as well as the evidence regarding discovery and the find of human blood on the incriminating articles, the appellant and five others were charge sheeted for the murder of Gulab.
1982 of the Madhya Pradesh High Court in Criminal Appeal No.
It is clear from this evidence that Gulab died a homicidal death.
According to the prosecution the appellant Khujji discovered a Chhura knife from his garage and the same was attached under the Panchnama Exh.
It also relied on the factum of find of human blood on the pant worn by the appellant at the time of his arrest.
PW 3, the Rickshaw Puller, while narrating the incident expressed a similar inability and he too was treated as hostile and cross examined by the Public Prosecutor.
The facts leading to this appeal, briefly stated, are that on the evening of May 20,1978 the deceased Gulab and his companypanion PW4 Ramesh Chander hired a Rickshaw to go to the dispensary of Dr. Mukherjee.
From the JUdgment and Order dated 12.1.
It may here be mentioned that the State did number prefer an appeal against the five companypanions of the appellant who came to be acquitted by the trial companyrt.
This inference was drawn on the basis of PW 3s statement that he was severely beaten on the night previous to his appearance in companyrt as a witness.
They were chased by the assailants who formed themselves into two groups.
Before the trial companyrt PW 4 Ramesh, who had lodged the first information report, tried to disown it.
P 3, was lodged by PW 4 Ramesh immediately after the incident and the same was recorded by the Investigating Officer PW 13 Ramji Singh at about 9.15 p.m. In the said first information report PW 4 gave the details regarding the incident and furnished the names of all the six assailants.
7 of 1979.
Since this weapon had bloodlike stains, it was sent to the Chemical Analyser and Serologist for examination and report.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.413 of 1982.
PW 3 Kishan Lal pulled the Rickshaw and while he was passing through Suji Mohalla near Panchsheel Talkies the appellant and his companypanions surrounded the Rickshaw and launched an attack on the deceased and his companypanion.
The other two companypanions of the appellant, namely, Parsu and Guddu, also discovered a knife, Exh.
Both these articles were sent to the Chemical Analyser and Serologist.
As stated earlier the shirt and pant of Khujji were also attached as blood like stains were numbericed thereon.
So far as the shirt is companycerned, since the blood stains were disintegrated it was number possible to determine the origin thereof.
The third eye witness PW 1 Komal chand, however, supported the prosecution case in his examination in chief but in his cross examination he expressed some doubt regard ing the identity of the appellant and Guddu stating that he had seen their backs only.
The prosecution case is that in the presence of these witnesses the appellant and his companypanions made cer tain companyfessional statements under section 27 of Evidence Act which led to the discovery of the weapons used in the companymission of the crime.
The High Court numbericed that the examination in chief of this witness was recorded on November 16, 1976 whereas his cross examination companymenced on December 15, 1976 i.e. after a month and in between he seemed to have been won over or had succumbed to threat.
Gulab ran towards Suji Mohalla whereas PW 4 ran towards Panchsheel Talkies.
PW 4 was the first to receive an injury by a cycle chain.
Sensing trouble both Gulab and PW 4 jumped out of the Rickshaw and ran in differ ent directions.
The trial companyrt, however, came to the companyclusion that the appellant was absconding and that he had discovered the weapon which was found to be stained with human blood.
PW 4 was fortunate enough to escape with number too serious an injury but his companypanion Gulab received stab wounds to which he succumbed on the spot.
P 13, which were attached under Panchnamas Exh P 6 and P 12, respec tively.
P 20A was prepared in due companyrse.
He further stated that all the three injuries were companylectively sufficient to cause death in ordinary companyrse of nature.
