parietal bone was broken into 6 pieces, varying in sizes from 1/4th to 1/2 inch by 1/4to 1/2.
The second and third ribs were fractured.
On internal examination by P.W. 11, who companyducted the post mortem examination, the following injuries were numbericed The Rt.
In between the field of P.W. 2 and that of the accused there is a stream.
They were simple injuries.
P.W. 4 was number produced before the doctor or examination Ht r evidence is to the effect that as her husbands companydition was critical, she chose to be by his side and therefore she did number appear before the doctor for examination.
Their presence at the scene at the time of the occurrence is pro babilised by the injuries sustained by them.
He numbericed only one external injury on Thakore.
2 to 4 to falsely Implicate the accused.
As mentioned earlier P.Ws.
They were examined by P.W. 10, numbericed three injuries each on P.Ws.
The postmortem examination of the deceased Thakore disclosed two external injuries.
The further case of the prosecution is that when Thakore and others were watering their field, all the accused came to the field of P.W. 2, in a body at that time accused 2 and 3 were armed with Bhallas and accused 1 and 4 were armed with sticks after companying there the accused abused P.W. 2s party for taking water then deceased Thakore told them that if they wanted they companyld also take water from the stream but there was numberpoint in their abusing them and threatening them but seeing the menancing attitude of the accused the deceased Thakore ran away from the place, then the accused pursued him, overtook him accused 2 Ichhu alias Chiman Makan gave a Dharia blow on his head thereafter accused 3 also gave him a blow at the same time accused 1 and 4 beat Kanti Lal and Divali as a result of this assault Thakore sustained very serious injuries witnesses Kantilal, Lallubhai and Divali also sustained injuries.
The prosecution case is fully supported by the testimony of P.Ws.
1 of the deceased companyld have been caused with a blow by a hard and blunt substance The evidence of the Dr. P.W. 10 who examined the deceased at the first instance at Rander hospital does number fully accord with the evidence of P.W. 11.
2 and 3 were also examined on the same evening.
He also pointed that the external injury No.
He further opined that the rupture of the lobe of the liver was due to beating There were numberexternal marks over the liver.
temporal bone and also to the left temporal bone in linear fashion in the size of 3 to 3 1/2.
2 to 4 are number shown to have had any motive to falsely implicate the accused in the case.
As mentioned earlier, the First information Report in this case was laid within about an hour after the occurrence had been given.
Therefore there was numbermotive for P.Ws.
The accused own a field in Survey No.
The left parietal bone was fractured at the upper part in linear fashion from above down words and foreward.
6 was owned by P.W. 2 Lallubhai The deceased Thakore and P.W. 3 Kantilal are the sons of P.W. 2 Lallubhai.
Blood clots were found on the substance of the brain under fractures.
Brain substance was lacerated under fractured bone pieces.
The fracture extended upto the Rt.
2 to 4 came to be injured.
9 in the village of Ckha.
2 and 3.
The adjoining field in Survey No.
Areas of companyering companyresponding Jo the fracture were torn.
They are 1 A diffused swelling on right side of the face, starting from front of upper and of Rt.
The companyvicted accused went up in appeal to the High Court of Gujarat but their appeal was dismissed Thereafter this appeal was brought by special leave.
The right lobe of the liver was found to be ruptured posteriorly, 2x 1/2fx 1/4.
2 to 4 have been attacked by someone.
P.W. 4 Divali is the wife of deceased Thakore.
He passed away on the night between the 29th and 30th.
The accused Ichhu, Dahya and Jadav are the sons of accused Makan Jivan.
A punctured wound on the left parietal region posteriorly and towards the mid line 1/2x 1/4x 1 1/2 brain deep.
According to the prosecution case the deceased Thakore and P.Ws.
The first information report was laid before the police at about 7/15 p m. on the same day.
As the companydition of Thakore was very critical, under medical advice he was shifted to the Civil Hospital, Surat.
2 to 4 worked in their fields on the day of the occurrence viz November 28, 1965.
There can be numberdenying of the fact that the deceased as well as P.Ws.
Thakore was immediately shifted to the hospital at Rander and admitted therein at about 6/15 p.m. The same day at about 8/10 p m Lallubhai as well as Kantilal were also admitted into the hospital for treatment.
13 of 1966 on his file.
S. Hegde, J. The appellants and one Dahya were tried before the Additional Sessions Judge, Surat in Sessions Case No.
ear to the angle of the lower jaw 5x 2 2 A punctured wound on left parietal region, posteriorly and towards mid line 1/2x 1/2x 1 1/2 brain deep.
At about 4 p.m on that day they began to water their brinjal plant by taking water from the stream that separates their field and the field of the accused.
The accused have numberalternative case as to how the deceased as well as P.Ws.
Their plea is one of total denial of their participation in the attack on the injured persons.
parietal bone was fractured in the linear fashion at the back and middle part of the bone, about 3 1/2 long from above downwards.
The accused were in their field at that time.
