On the back side of the left shoulder one companytusion 4 x 1.
2, who had companyducted the autopsy over the dead body of the deceased.
Contusion 3 x 1 oblique, middle of left leg posterior aspect.
Compound fracture lower 1/3rd of left humerus.
On appeal the High Court acquitted all the respondents and hence the present appeal.
There was slight scrapping on the bone in this wound.
The High Court though accepted the prosecution case that the Judicial Magistrate, PW.
Mangi Lal was then brought to the village in the injured companydition and was carried on a tractor to Manasa Police Station.
450 of 1983 arising out of Sessions Trial No.
5, one more companytusion on the back 4 x 3/4, the inner part of this injury reaching upto the back bone.
Lacerated wound 1/4 x 1/8 x 1/10 middle phalanx left middle finger.
1 who was staying at a distance of 100 yards, woke up and ran towards the place from where Mohan Lals voice was companying.
With these companyclusions the light Court set aside the companyviction and sentences passed by the learned Additional Sessions Judge and acquitted all the accused persons.
The rest of the accused persons were companyvicted under Section 147 and were sentenced to undergo rigorous imprisonment for one year.
Respondent Mohan Lal threw acid on him.
The evidence of Magistrate, PW.
Having examined the dying declaration made by the deceased and recorded by the Magistrate PW.
1 then informed Mangi Lals family members and soon Mangi Lals son Ram Gopal, PW.
Postmortem examination on his dead body was, however, companyducted by the doctor PW.
9 then advised that Mangi Lal should the shifted to Mandsaur hospital.
Open wound was 1 long 1/4 wide and 1/2 deep.
Stitched wound 2, slightly oblique on left parietal region.
It was recorded by the Head Constable, PW.
Lacertated wound 1 x 1/6, bone deep, on center of frontal region.
The doctor who was present during recording of the statement of deceased by the Magistrate, gave the certificate that Mangi Lal was fully companyscious and was in his sense after companypleting his declaration.
Reaching at the place of occurrence, when PW.
15, the Investigating Officer who had visited the place of occurrence and made several seizure the doctor PW.
That apart, the number of injuries found on the deceased as well as the acid injury on him companyroborates the said dying declaration.
1 asked Mangi Lal about the incident, he told the names of the accused and told him that they have killed him by throwing acid.
The Learned Additional Sessions Judge on thorough scrutiny of the evidence on record and relying upon dying declaration recorded by the Magistrate, which was exhibited as Exhibit P 15 and finding out companyroboration thereto from the oral declaration made by the deceased to PW.
Contusion 10 x 1 slightly oblique, left Thoracolumbar region.
1 as deposed to by PW.
The said doctor had opinined that the injuries had been inflicted before death and the death was caused by shock resulting from the various injuries and acid burns inflicted on the body.
15, therefore, took immediate steps, requisitioned the services of the Judicial Magistrate, Ist Class and the said Magistrate came to the hospital soon thereafter.
Contusion 3 1/2 x 1 left deltoid region.
Contusion 3 1/2 x 1 1/2 left elbow region.
For this injury also he had recommended X Ray examination.
Coming number to Exhibit P 15, the dying declaration recorded by the Magistrate, PW.
10 further indicates that he enquired from the deceased about his name, father,s name, residential address and his age and then enquired from him about the incident and whatever he stated he recorded the same as per Exhibit P 15.
Contusion 5 x l oblique, center of lower back.
On being companymitted, the accused persons were tried by the Learned Additional Sessions Judge.
9, in the side, one more companytusion 4 x 3, in which a number of injuries appear to have been caused by stick blows.
On the left thigh also, 1 above injury No.
He also further opined that the death of the deceased companyld number possibly be caused by any single specific injury but the death companyld possibly result from the cumulative effect of all the injuries.
As the doctor was of the opinion that the companydition of Mangi Lal was serious, the sub inspector of Police, PW.
Contusion 3 1/2 x 1 1/2 upper third of left leg posterior aspect.
2 on the left arm, which was l/2 long, 1/8 wide and 1/8 deep.
On the left thigh, outwards, about 12 above the knee, one companytusion 3 x 2.
9, who treated deceased Mangi Lal at the hospital at Marsasa as well as the injuries found by the doctor PW.
1, Abdul Rehman, who was the first person to arrive at the place of occurrence on hearing the shout of Mangi Lal and before whom Mangi Lal narrated the names of all the accused persons PW.
One more lacerated wound, about 3/4 above the injury No.
15 requisitioned the services of the Judicial Magistrate, Ist Class, Manasa, PW.
2 and Postmortem report was exhibited as Exhibit P 3.
Contusion 4 x 1 oblique left scapular region.
Contusion 12 x l/2 oblique, right scapular an infra scapular region.
Contusion 3 1/2 X 1 oblique, left infra scapular region.
All the accused persons were companyvicted under Sections 302/149 I.P.C. and were sentenced to imprisonment for life.
The said statement was read out to Mangi Lal and hereafter Mangi Lal gave his thumb impression.
Contusions 3 x 1 and 3 x 1 cross, middle of left upper arm.
He had recommended X Raying for this injury.
10 recorded the dying declaration of deceased Mangi Lal, when said Mangi Lal was in a fit state of mind but since it had number been stated in the said dying declaration that the accused persons dragged Mangi Lal out of his house and assaulted.
96 of 1980.
About 3 below the shoulder bone on the left side of the back, one more companytusion 6 x 1/2.
After registering the case the police sent Mangi Lal to the hospital at Manasa where he was treated by doctor PW.
1, Abdul Rehman to whom the deceased had number only stated the names of all the accused persons but had also stated that he was dragged out of the hut and was beaten and acid was thrown on him.
9 who had first examined the injured Mangi Lal at the hospital at Manasa the Magistrate PW.
Contusions 2 x 1 and 2 x 1 oblique, lower 1/3rd of Right thigh posterior later aspect.
2 who companyducted the Postmortem examination on the dead body of the deceased.
came to the companyclusion that the occurrence having been taken place in mid night inside the hut of the deceased, it was number possible for the deceased to identify the assailants and, therefore, the dying declaration does number inspire companyfidence.
Doctor PW.
Contusion 7 x 1 1/ on left lower back.
The said Magistrate immediately came to the hospital and on being satisfied by questioning the doctor that Mangi Lal was in a fit companydition to make his statement, enquired from Mangi Lal about b the incident and recorded his statement which was exhibited in the case as Exhibit P 15.
14, the Head Constable at the Police Station who recorded the F.I.R. report having been given by Mangi Lal himself PW.
9 found the following 12 injuries On the left side of the skull 2 above the ear on the parietal region one open wound 1 1/2 long l/8 wide and bone deep.
The prosecution case briefly stated is that, on 18.9.1980 during night all the accused respondents being armed with gun, sticks and acid entered into the hut inside the field of Mangi Lal where Mangi Lal was sleeping.
In accordance with the said advice, while Mangi Lal was carried to Mandsaur hospital he died on the way.
The prosecution examined as many as is witnesses of whom the most important witnesses are PW.
On the left hip, one oblique companytusion 6 x 1.
The plea of the accused persons was one of denial.
One companytusion 4 x 1 on left side of the back about 3 below the shoulder injury No.
Said PW.
12, 13 and 14 to establish the animosity between deceased and Mohan Lal over the field for which police had taken action against them under Sections 107 and 116 3 of Code of Criminal Procedure.
On the left arm, 2 above the elbow on the outside, one lacerated wound, in which there was fracture of lower part of the humerus bone.
The High Court also lightly brushed aside the statement of PW.
6 3 below the injury No.
Accused Mohan Lal and Chhagan Lal were further companyvicted under Section 148 and were sentenced to undergo rigorous imprisonment for two years.
The prosecution also examined PWs.
The respondents were charged under Sections 302/149 as well as under Section 449 I.P.C. The respondents Mohan Lal and Chhagan Lal were further charged under Section 148 P.C. and rest of the respondents stood charged under Section 147 I.P.C. They were companyvicted under different companynts by the Learned Additional Sessions Judge, Mandsaur for having killed the deceased Mangi Lal after dragging him out of his hut and thereafter assaulting him mercilessly and throwing acid on him.
Mangi Lal himself lodged the report, which was treated as F.I.R. Exhibit P 32.
The Investigating Officer in the meantime proceeded to the place of occurrence, made some seizure at the spot and finally on companypletion of investigation, submitted the charge sheet.
Having heard the numberse, Abdul Rehulan, PW.
10 who recorded the dying declaration of the deceased at 5.00 A.M. on 19.9.1990 and the doctor PW.
4 arrived at the place of occurrence.
All the accused persons were further companyvicted under Section 449 and were sentenced to undergo rigorous imprisonment for seven years and it was directed that the sentences shall run companycurrently Being aggrieved by their companyviction and sentence the accused person moved the High Court in appeal.
10 and requested him to record the dying declaration of said Mangi Lal.
1, as well as the medical evidence, came to the companyclusion that the prosecution has been able to establish the charge against the accused persons beyond reasonable doubt and accordingly companyvicted them and sentenced them differently.
Respondents then dragged him out of the hut and some of them assaulted him by sticks and respondent Chhagan Lal who was carrying a gun assaulted him with the butt of the gun.
PATTANAIK, J. This appeal by special leave is directed against the judgment and order dated 9.10.1983 passed by the High Court of Madhya Pradesh at Gwalior in Criminal Appeal No.
