On internal examination, he found blood clots over an area of 5.4 cm.
P.Ws 1 and 3 were also examined by the doctor P W 7 and he found on both of them some companytusions and lacerated wounds.
The post mortem examination on the dead body of the deceased was companyducted by Dr. Verma P.W 8 on 17 4 77 at 3.30 p.m. On 16 4 77 at 2.30 p.m. a dying declaration of the deceased was recorded by P.W 12 the Magistrate.
The accused when examined under Section 313, Cr.
The prosecution case is as follows Appellant Jhinnu and Ali brothers and Tajammul is the son of Nawab Ali.
They are residents of village Bhangura, P.S. Dudhra, Dist.
These three companyvicted accused preferred an appeal to the High Court.
1 and 5 are the appellants in the other appeal.
The deceased, died on 17 4 77 at 5.10 a.m. and an alternate FIR was issued.
P.C. denied the offence and Nawab Ali A 2 however, admitted that there was some dispute between him and the deceased and pleaded that he was at Bombay on the date of occurrence.
The State also preferred an appeal against the acquittal and all the five accused of the murder charge and a criminal revision was also filed by a private party.
1 and a linear fracture in the frontal bone under injury No.
The sentences were directed to run companycurrently.
P.Ws 1 and 3 who had also their wheat crops stocked in that khaliyan, were also sleeping.
3 and 4 but companyvicted these three appellants under Sections 304/149, 148, 323/149, I.P.C. and sentenced each of them to undergo six years, one year and one years R.I. respectively.
under injury No.
At about 11 p.m. , eight persons armed with lathis, spears and iron rod reached there and inflicted injuries on the deceased, and when P.Ws 1 and 3 got up and tried to intervene, they were also beaten up.
The deceased was a resident of village Agya, P.S. Dudhra in the Dist.
This plea of alibi has number been accepted by both the companyrts below.
Hence, the present appeal.
2 is the appellant in the Criminal Appeal No.
The injured was taken to the Police Station Bhudra and the deceased was still companyscious and in the hospital he made a report and it was treated as FIR.
There were litigations resulting in both criminal and civil cases.
Both these appeals are filed against the companymon judgment of the High Court of Allahabad.
The appeal filed by the appellants in these appeals were also dismissed by the High Court.
A lantern was burning.
Basti.
Inquest was also held.
134 of 1983 and Jhinnu and Tajammul original accused Nos.
These three appellants along with two others were tried for offences punishable under Sections 147, 148, 302, 323/149, I.P.C. The trial Court acquitted original accused Nos.
Nawab Ali original accused No.
Nawab Ali had a business in Bombay, his shop was adjacent to that of Sikandar Ali the deceased in the case.
Jayachandra Reddy, J. Heard learned Counsel for the parties.
On 15 4 1977, the deceased was sleeping at his Khaliyan lying at a distance of about half a mile from the abadi of his village.
P.W 12, the learned Magistrate has recorded the dying declaration in the form of question and answers.
Both the companyrts below relied on the dying declaration as well as the evidence of P.Ws 3 and 4.
Doctor P.W 8 who companyducted the post mortem found as many as eleven injuries.
Hearing of the cries, the accused ran away.
of Basti which is at a distance of about 6 7 miles from village Bhangura.
After companypletion of the investigation, charge sheet was laid.
The High Court dismissed the appeal filed by the State and also the revision petition filed by the private party.
