2 Usman armed with axe, accused No.
The State did number file any appeal against the acquittal of the two persons.
Briefly stated the facts are as follows It is the case of the prosecution that on 20th February, 1987 PW1 Yaqub was companying back from the forest near his village Khokariya, under the jurisdiction of Police Station Narwar district Ujjain, and on the way he was accosted by accused No.
Yaqub lodged the report.
parietal region of scalp.
Thereafter, accused broke open the door with the axe, entered the house and assaulted Mubarik Yusuf PW4 and Ahmad Noor Since deceased The three injured persons were taken by the Police to the Public Station.
6 Sikander armed with Saliya and accused No.
forearm on lateral aspect.
Sardar and other accused assaulted Ahmad Noor with the reverse side of axe.
There was a depressed domminuted fracture of the skull right side fronto parietal region extending from Rt.
Dr. Garg prepared report Ex.
All the sentences were directed to run companycurrently.
On 202.87 Dr. Laximinarain DWl examined accused Daulat and vide report Ex.
D/13 C, he found as follows Incised wound 8.5 cm x .
It is the case of the prosecution that Sardar caught hold of Yaqub, by his companylar, slapped him, abused him and threatened him for lodging many reports against him the brother of Yaqub namely Peera, and his uncle Ismile Hazi PW5 came on the spot, separated the two persons, took Yaqub to the brother house and forced Yaqub to remain in a room which was bolted from outside that sometime after this incident, at about 10 a.m., accused number 4 Sardar armed with axe, accused No.
The door of Mubariks house was closed.
The Complainant, Yaqub was examined as prosecution witness No.
He has denied the suggestion that his group was the aggressor.
On removal of the bandage, there was lacerated wound over parietal region.
In cross examination he reiterates that he has told the police that his brother Ahmad Noor was beaten with the reverse side of the axe.
His brother and uncle separated them and his brother took him to his house.
2001 3 SCR 236 The Judgment of the Court was delivered by N. VARIAVA, J. These two appeals by special leave are directed against orders dated 28th June, 1996 and 17th July, 1996 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.
In respect of injuries to the accused persons Sikander, Ahmad Noor ind Daulat, the High Court has set out as follows On 20,2.87, at 1050 Dr. Ravindra Shrivastava PWl 6 examined accused Sikander and as per report Ex.
It must be mentioned that during his deposition, Dr. Garg deposed that the injury inflicted on head of deceased Ahmad Noor companyld have been caused by hitting axe from backside.
There was extradural haemorrhage present underneath the fracture, membrances and brain matter intact.
In the light of the aforesaid injuries to the prosecution witnesses and to the accused, we would examine the evidence on record.
Prosecution has further examined Head Constable Ramesh Chandra PW.7 who came to the place of incident immediately on receipt of information about the dispute.
Penetrating wound 5.5 cm x 2,5.
3 Ramzu armed with stick came to the spot, These persons first assaulted Ismile and then proceeded towards the house of PW2 Mubarik.
Next evidence is of Ismile PW5 , who also supported the prosecution story.
side 5 x 5.
Daulat, Sikander and Ahmad Noor had Saliya and Ramju was having Lathis with him.
ring finger.
cm on Rt.
shoulder.
He had closed the door after seeing them.
Incised would 175 cm x 1/4 cm on the left cheek.
side 1/4 x x skin deep.
Simultaneously all the accused were held guilty of companymitting offence under Section 307 read with section 34 IPC and were sentenced to three years R.I. for attempt to murder Ismile, three years I. for attempt to ,murder Yusaf and three years R.I. for attempt to murder Mubarik.
He was beaten by Sikander, Complainant Yusuf PW4 stated that when he along with his brother Ahmad Noor, mother and sister was sitting in his house, all six accused came to the house and started assaulting his brother Ahmad Noor.
He deposed that his brother Mubarik was beaten by Sikander and Daulat as well as Ahmad Noor.
There was companylection of blood beneath the fracture portion of the skull.
1 Ahmad Noor armed with Saliya, accused number 5 Daular armed with Saliya, accused No.
P/3, As per report Ahmad Noor died of haemorrhage and shock due to rapture of meningeal vessels and vessels under the scalp and depressed fracture of the skull.
Parietal.
As Ahmad Noors companydition was serious he was sent to the hospital.
FIR for the offences under Sections 307/ 452/147/148/149/294/506/323/329/294, IPC was lodged.
He deposed that on the date of incident, in the morning, Sardar had accosted Yaqub and asked him why he had lodged the reports against him.
Sardar Ahmad Daular, Usman, Sikander and Ramja denied the charge.
4 Sardar.
He has further admitted that his family had been out casted by the villagers.
All the accused persons viz.
He separated both of them and that after 4 or 5 minutes, Sikander, Ahmad Noor and Sardar had assaulted him.
It is also brought out that between the Complainant group and the group of accused persons there was a dispute over land.
parietal region.
D/8, he found following injuries Contusion I x 1/4 oh the lower 1/2 of Lt.
By its Judgment and order dated 7th November, 1990 the trial Court acquitted accused Usman and Raju.
1/2 x bone deep on the back of Rt.
Ahmad Noor then expired in his hospital.
knee joint Abrasion 2 x 1 on the chin of face.
As Ahmad Noor died, a request for post mortem examination was made, as such, Dr. V.K Garg PW3 companyducted autopsy on the body of Ahmed Noor and found as under Abrasion X on sternal of region.
1 Contusion 1/2 x 1/2 on the medial aspect of Lt.
The head was bandaged.
This opinion is companyroborated by another Dr. Diwan PW17 during his deposition.
Ramju, Sikander and Usman had beaten him with the axe and Saliya and mat again he was hit by the reverse side of the axe.
Therefore, their acquittal has become final.
He has also deposed that Usman and Sardar assaulted Ahmad Noor with an axe and that they hit Ahmad Noor with the reverse side of the axe.
Abrasion 7 5 cm x 3 cm on the outer part of shoulder.
Contusion underneath the L,W 2 x 2, There was extra cranial haemantoma in fronto perieto temporal region Rt.
2 Lacerated wound 1 x x on the Rt.
Dr. Shrivastava on the same day 11,25 a.m examined Ahmad Noor s o Mohammad and as per report Ex.
He has deposed that in the morning Sardar had caught him, beaten him with fists, abused him and threatened as to how many reports he was lodging against him.
872 of 1997 has been filed by the other three persons whose companyviction has been upheld by the High Court.
ear 1 Incised wound 12.5 cm x 1 cm on middle of scalp.
The four person who were companyvicted filed an appeal to the High Court by the impugned Judgment dated 28th June, 1996, the High Court allowed the appeal of Sardar and acquitted him of all the charges.
490 of 1990.
