295/96 which stood dismissed by this Court on 8.9.99.
PW3 did number support the prosecution case and was allowed to be cross examined.
Halla was raised and a telephonic message was given to the police station, which was duly recorded in the roznamaand PW11 came to the spot.
1999 Supp 2 SCR 603 The Judgment of the Court was delivered by PATTANAIK J. These two appeals, one by the companyvict, Ramesh and the other by the State are directed against one and the same judgment of the High Court of Madhya Pradesh and were, therefore, heard together and are disposed of by this companymon judgment.
Kanhaiyalal was taken to the hospital and he was declared dead PW 1, Nandlal gave a written report which was treated as First Information Report and the police then registered a case and started investigation.
The present appellant, Ramesh senior gave also an axe blow and Kanhaiyalal tried to prevent him but his left hand was cut and Kanhaiyalal fell down.
Pancham is the father of accused, Dalla.
It may be stated that numberappeal has been preferred by Dalla.
On companypletion of the investigation, a charge sheet was filed and the accused persons stood their trial, as already stated.
The prosecution case in nutshell is that the accused and the deceased belonged to Gawli companymunity and had been divided in two fractions, one led by the deceased, Kanhaiyalal whereas the other fraction was led by Mangilal, Jagannath and Pancham.
The other accused, Ramesh Junior pierced Gupti on his chest.
Appellant, Ramesh along with two others Dalla alias Dayaram and Ramesh, son of Jagannath, companymonly known as Ramesh Junior , was companyvicted by the learned Sessions Judge for having companymitted offence under Section 302 and 302/34 IPC and sentenced to imprisonment for life.
Kanhayalal, the deceased was out casted and on that score, there had been some dissension.
Accused, Dalla had an axe in his hand and gave blows on the head of the deceased by means of the axe.
On the date of occurrence, i.e. 1.10.85, the said Kanhaiyalal was proceeding to Kali temple for offering Puja, accompanied by Nandlal, PW 1.
While they were proceeding, the accused persons came together armed with weapons in their hands and started mercilessly assaulting Kanhaiyalal.
