In support of the prosecution, the evidence led may be classified into three categories 1 the evidence of PW 11 Abbas who was a guard of the deceased and, as usual, was accompanying his master, Bhojraj, and saw the entire incident himself, 2 one of the accused seems to have made an extra judicial companyfession to PWs 5 and 9 and admitted that he assaulted the deceased with sword and farsi, and 3 at the instance of the accused, blood stained weapons were recovered which, after being examined by serologist, were found to companytain human blood.
p.m. and the report was lodged within two hours, there can be numberdoubt that the report was made promptly and, therefore, the question of companycocting the case cannot possibly arise.
PW 1, who was number an eye witness, on hearing of the incident reached the police station at 4.30 p.m. and lodged a FIR.
From the Judgment and Order dated 24.2.1976 of the Madhya Pradesh High Court in Criminal Appeal No.
On October 5, 1971 at about 2.30 p.m. While Bhojraj was proceeding towards his village, accompanied by PW 11, the appellants reached the place of occurrence alongwith 5 6 persons and assaulted Bhojraj with swords and farsis as a result of which Bhojraj succumbed to his injuries.
The distance of the police station from the place of occurrence was about 10 miles.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
It appears that there was a chronic land dispute between Bhojraj deceased and the appellants so much so that Bhojraj had to enlist the services of one Abbas PW 11 to accompany him wherever he went so as to guard him against assault.
308 420 of 1976.
300 of 1972.
The learned Sessions Judge was mainly swayed by the companysideration that PW 11, who was the sole eye witness and had seen the occurrence, did number immediately disclose the names of the accused to the inmates of the family of the deceased when he went to the house.
This means that the deceased expected serious threat to his life from the appellants due to the aforesaid enmity.
The Judgment of the Court was delivered by FAZAL ALI, J. These appeals are directed against a judgment of the Madhya Pradesh High Court companyvicting the appellants under ss.
As the incident took place at about 2.30.
Ravinder Bana and A.K. Sanghi for the Respondent.
K. Gambhir for the Appellants.
By our Order dated 12th July 1985, we had dismissed the appeals.
Hence, this appeal to this Court under s.2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970.
