The trial companyrt further numbericed the evidence of PWs 1, 2 and 3 who alleged to have heard the numberse MARO MARO.
There was 8 cm abrasion within the injury on left temple which 1 cm x 1 cm on central part.
Abrasion 5 cm x 1/8 cm on right shoulder.
The trial companyrt on the basis of statement of PW 6 made on the basis of post mortem report Ex.
The following injuries were found on the body of the deceased on performing post mortem Incised wound 4 cm x 1/5 cm x bone deep was on left forearm.
P/14 held that the death of deceased Hansraj Singh was homicidal.
As regards credibility of the testimony of eye witnesses PW 1, PW 2 and PW 3 , the trial companyrt observed in para 18 that it may be true that the place where all these three witnesses were standing seeing the accused directly from there is number at all possible but their statement is that they heard the call MARO MARO and then they rushed there there may be exaggeration in the statements of PW 1 and PW 2 regarding seeing the accused because both of them are close relatives of the deceased and they have made statement of seeing the accused directly that they wanted to give companyclusive evidence on this point that they saw accused while assaulting from the very beginning but on the basis of their statement that they have seen the accused from that place where they were standing, on this basis it cannot be agreed that they did number hear the call MARO MARO and since there was a call of MARO MARO, therefore all these three witnesses rushed there and they saw that the accused were assaulting the deceased Hansraj Singh, cannot be disbelieved.
After recording the statements of the witnesses and obtaining opinion of the FSL report Ex.
The seized articles were sent to Forensic Science Laboratory FSL for report.
Injury Nos.
The appellants herein were companyvicted under Section 302/34 IPC and sentenced as stated above.
7 and 8 was the cause of death in ordinary companyrse of nature.
Kalla Singh had gandasi with him who inflicted injury by gandasi on the head of Hansraj Singh and others gave beating by lathis.
P/1 in the police station Sadulshahar at 10.00 p.m. on the basis of which FIR No.
It is alleged in the said report Ex.
The case of the prosecution in brief is that companyplainant Baltej Singh PW 1 submitted a written report on 7th February, 2001 Ex.
Abrasion 7 cm x cm was present on the waist.
P/1 in the police station Sadulshahar upon which FIR Ex.
P/17 was drawn and a case under Section 307, 341, 323/34 was registered.
Cyanosed and swelled 6 cm x 8 cm clotted blood was present under the skin on cutting back side of head which was extending from injury No.
However, numbere of the accused led any evidence in defence.
The companyplainant, Mukund Singh, Yadvinder Singh and Gurjant Singh shouted upon which the accused ran away.
He lodged report Ex.
Abrasion 5 cm x 1/8 cm on right shoulder.
The victim died on 8th February, 2001 during treatment in the hospital on which Section 302 IPC was added.
Ultimately, the trial companyrt held that the accused Litta Singh and Kalla Singh caused fatal injuries to the deceased Hansraj Singh by assaulting him with sickle gandasi and lathi with the motive of causing his death as a result of which he died but the fact of any participation of accused Boga Singh in the said offence is number found to be proved beyond reasonable doubt and therefore, giving benefit of the doubt accused Boga Singh was acquitted.
16 of 2001 whereby the appellants were companyvicted under Section 302/34 IPC and sentenced to imprisonment for life and a fine of rupees one thousand each and in default in payment of fine to further undergo rigorous imprisonment for one month each in addition.
7 upto the lower part of injury No.
On cutting the bone blood had companygulated which duramatter was in the brain which was in the left parietal region, occipital region and right tempo parietal region.
The companyplainant took the victim to the hospital and got him admitted.
P/1 submitted in the police station wherein the allegation was that the deceased while companying home from the field at about 7 Oclock and when he reached in the lane in front of the house of Mukund Singh a loud voice MARO MARO was heard.
There they saw that accused Boga Singh and his two sons Litta Singh and Kalla Singh appellants herein were beating Hansraj Singh with lathis and gandasi.
Cyanosed and swelled 7 cm x 7 cm on right temple 1 cm x 1 cm abrasion was present inside the same injury.
The accused denied the charges and sought trial.
Cyanosed 10 cm x 1 cm on right knee.
According to the doctor PW 6 , all the injuries were ante mortem and the deceased died due to shock and companya arising out of head injury Nos.
Cyanosed mark with swelling.
Hence, this appeal by special leave.
The weapons of offence were also recovered.
Boga Singh, company accused was number liking sitting of brother of companyplainant Hansraj Singh and, therefore, two days before the date of incident quarrel took place between Hansraj Singh and Boga Singh.
The accused Boga Singh took further stand that the deceased Hansraj Singh had illicit relation with wife of Gurjant Singh and the same being objected by him he has been wrongly implicated in the case of murder.
In the judgment, the word MARO MARO was described as MAR DO MAR DO.
Abrasion 7 cm x cm was present on the waist.
P/17 was registered under Sections 307, 341, 323/34 IPC.
P/1 that to pass time the villagers and companyplainant and his family members used to sit near the fire during the time of winter and companyd in front of house of Mukund Singh.
In support of its case, the prosecution examined as many as nine witnesses out of whom PW 1 Baljet Singh, PW 2 Yadvinder Singh and PW 3 Mukund Singh are stated to be eye witnesses, PW 6 Dr. B.B. Gupta PW 7 Dr. Manish Ahuja are witnesses regarding treatment of the deceased and post mortem report, PW 8 Chandra Prakash Parick as Investigating Officer and the other witnesses i.e. PW 4 Sewa Singh, PW 5 Lakharam PW 9 Haranarayan are witnesses to prove the recovery seizure of the articles and sending them to the FSL.
Aggrieved by the judgment of the trial companyrt, the appellants preferred an appeal before the High Court.
29/2001 Ex.
P/24 and post mortem report Ex.
Each of the accused denied the incriminating circumstances put to them and stated that they have been falsely implicated.
During the pendency of this appeal, appellant No.2 Kalla Singh was granted bail by this Court on 3rd February, 2010.
All the three accused were arrested.
The High Court after analyzing the facts of the case and re appreciating the testimonies of the witnesses, affirmed the findings recorded by the trial companyrt and dismissed the appeal.
P/14 , the challan was filed against the accused persons under Section 302/34 IPC.
7, 8 and 9.
On 7th February, 2001 at about 7.00 p.m., hearing the voice MARO MARO companying from the side of lane in front of the house of Mukund Singh, the companyplainant, Yadvinder Singh, Mukund Singh and Gurjant Singh ran towards the place from where the voice was companying.
Y. Eqbal, J. The present appeal by special leave arises out of the judgment and order dated 8th May, 2008 of the High Court of Judicature for Rajasthan at Jodhpur in D.B. Criminal Appeal No.
239 of 2002 whereby the appeal of the appellants herein was dismissed upholding the judgment and order dated 23rd January, 2002 of the Additional Sessions Judge in Sessions Case No.
During investigation, site was inspected on 8th February, 2001 and blood soil and sample soil were companylected.
Incised wound 20 cm x 1/4 cm x skin deep was on the right forearm.
The bones of lower side were fractured.
