PWs 3, 4, 5 and 7 who were projected as eye witnesses by the prosecution did number support the prosecution version and resiled from the statements made during investigation.
Thereafter, Jafar PW 6 reached the spot.
On the way near Kesur, one Kadar PW 4 met them, and they had a talk with him.
Since it was 4.00 p.m., Jafar PW 6 and the deceased changed their mind and did number go to Ujjain and came back to Dhulana.
The accused ran away.
It is submitted by learned companynsel for the appellants that PW 6 had number implicated the appellants and he being the only witness on whose version the companyviction was recorded the trial Court and the High Court should number have found them guilty.
Village Chowkidar Ranchhod PW 7 also came there.
Left tibia, flbula bones were fractured.
However, the accused persons removed the tin ceiling of the house, entered it and struck sword blows on him.
The deceased had a talk with Chowkidar Ranchhod PW 7 .
Yunus the deceased came out of the house, where accused again dealt sword blows on him.
The Police Dhar registered Merg No.067/2000 under Section 174, of Code of Criminal Procedure, 1973 in short the Code .
Yunus said that it was accused persons who caused injuries to him.
After investigation, charge sheet was filed.
He informed Dawood PW8 , Mubarak, Ayub PW 9 .
The deceased had 9 incised injuries on different parts of the body.
The present appeal is by accused Nos.1, 6 and 7.
By that time one Mehboob PW3 of Babeda Village had companye there.
Seeing that the accused persons were standing the deceased left his bike and ran inside the house of Bagdiram PW 5 to take shelter.
At that time Yunus the deceased was alive who told them also that accused have caused these injuries.
Injuries were of grievous nature and were sufficient in the ordinary companyrse of nature to cause death.
After postmortem on the body of the deceased Yunus, Dr. Borasi PW 10 found the cause of death as shock and hemorrhage from multiple injuries over the body especially wrist imputation and anckle joint injury.
The wrist of left hand was fractured and imputed, ulna, patella were fractured.
Accordingly, the appeals filed by the nine appellants were dismissed.
The matter was reported to police by intimation Ex.
On the way accused persons armed with swords were standing there.
Thereafter, he was taken to hospital where Dr. P.C. Gupta PW 11 examined him and found that he is dead.
FIR was chalked out as Ex.
Jafar requested him to intimate his relatives.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court, Indore Bench, which by the impugned judgment disposed of three appeals filed by the accused persons who faced trial in Sessions Trial No.276/2000 before learned IInd Additional Sessions Judge, Dhar.
Heart chamber was empty.
Prosecution version in a nutshell is as follows On 02.09.2000, Yunus hereinafter referred to as the deceased along with Jafar PW 6 at about 2.30 p.m. left by bike for Ujjain.
P/57 and investigation was started by the Kanwan Police Station as the case was in its jurisdiction.
