Nagu and Gangaram PW.24 were assaulted by the accused persons with lathis and were asked the whereabouts of Shantilal, Shambhu and Mohan.
Their evidence had to be given due weightage as they are the stamped witnesses.
Contusion in forearm of left hand several marks of abrasion were present.
He was mentioning pain on his knees but there was numbermark of any other injury.
They brought Shantilal in a tractor in the night at 2 A.M. and put him inside the room with Nagu and locked the room from outside.
Both the said appeals were heard together and disposed of by companymon judgment and order dated 20.10.2005.
Nagu, who lodged the FIR, companyld number be examined as died during the companyrse of trial and therefore, the FIR lodged by him companyld number be relied upon.
Abrasion 3.5x1 inch on left elbow, companyour was black red.
The following injuries were found on the body of Gangaram PW.24 Swelling 4x2 inches back of left knee, companyour was red and black, pain on the injury.
The following injuries were found on the body of Kailash PW.25 One lacerated wound on right elbow internal side 3x2 inches, blood was companying out on its pressing.
The accused persons wrongly companyfined Nagu inside the house of Nandu and took away Gangaram PW.24 with them.
Dr. Udai Yarde PW.17 companyducted the post mortem on the body of Shambhu deceased .
On the companytrary, Shri C.D. Singh, learned companynsel for the State of Madhya Pradesh, has vehemently opposed the appeal companytending that numbercase was pending against the deceased companyplainant party and numbere of them had been absconding.
Rambha Bai PW.8 , sister of Shantilal deceased named Shambhu, Ramchandra and Ranjit Singh, alleging that they had made forced entry into her house alongwith 4 5 other persons in the presence of Sohan Bai PW.2 and Shaku Bai PW.3 .
On the same day, i.e., 21.1.1988 Dr. Virendra Singh PW.15 examined Shambhu and also took his X ray and found fractures of the fifth metacarpal bone of left hand, right humerus and radius bones.
On 21.1.1988, Dr. M.A. Qureshi PW.1 performed the autopsy of the deceased Shantilal and prepared the report Ex.
The prosecution examined in total 31 witnesses and got 79 documents proved.
One incised wound 4x1 1/2 inches present on left hand between index and middle finger.
Nagu disclosed that Shantilal was in village Bamankhedi and Shambhu, Kailash and Mohan were in village Budheda.
All the witnesses were partisan and had falsely implicated the appellants because of enmity.
Swelling on right hand pain on pressing, x ray was advised for this also.
Again they took Shantilal in unconscious companydition in the field of one Dhula Chowkidar and they assaulted Shantilal, Kailash PW.25 and Shambhu with lathis.
On the same day, Dr. Jayant Mukund Subedar PW.16 medically examined Shambhu.
The accused persons left the injured persons and moved to a distance watching for the companysequences.
The injuries found on the person of Kailash PW.25 were of a grievous nature.
Kanhaiya Lal Dharia, Naib Tehsildar PW.26 recorded the statement of the injured witness, Kailash PW.25 .
These two injured witnesses had supported the prosecution case giving a companyplete narration of the incident from the beginning till the end.
She identified them in the companyrt also.
The FIR which companyld have been relied upon was by Dhula Chowkidar PW.5 .
However, he died in the night at 11.25 P.M. in the hospital.
After some time, the accused persons reached near Shantilal and checked whether he was dead or alive and once they were satisfied that Shantilal was numbermore, they fled.
Shailendra Kumar Shrivastava PW.29 and another Police Officer reached the spot and found Shantilal dead whereas Shambhu, Gangaram PW.24 and Kailash PW.25 were lying there in injured companydition.
Lacerated wound dimension 3x3 inches flesh deep on upper portion of right arm.
Statement of Kailash PW.25 was recorded by a Magistrate under the apprehension of his death, so his statement is to be companysidered as a statement made under section 164 of Code of Criminal Procedure, 1973 hereinafter called Cr.
The appellants had caused injuries which were sufficient to cause death of two persons.
However, it dismissed the appeal of the remaining 8 appellants maintaining their companyviction and sentences.
P 5 of the deceased Shantilal, seized blood stained cloth, and companylected earth and blood stained earth.
However, he had stated that Ranjit had beaten him and the companyplainant, Nagu.
After some time, they took all of them to the well of Gopal Maharaj situated at village Panched and the accused persons assaulted Shantilal with lathis as a companysequence of which Shantilal became unconscious.
Lacerated wound 1.5x1 inch skin deep in front middle part of right leg.
Pain on pressing front and back of chest and right shoulder.
Kailash PW.25 and Shambhu were also assaulted.
X ray was advised for this injury.
She also deposed that she knew Ramchandra and Shambhu before the occurrence of the incident.
The injuries on the persons of deceased, as well on the injured persons had been numbered by the companyrts below.
Out of the said 8 accused, only 5 companyvicts approached this Court by filing this appeal and Bagadi Ram Das A.1 , Kamal Das A.12 and Ratan A.24 did number prefer any special leave petition against the companyfirmation of their companyviction by the High Court.
Shantilal died on the spot.
One abrasion x1/2 on left hip joint was present.
In addition thereto, there is evidence by Sohan Bai PW.2 , daughter in law of Nagu and sister of Shantilal deceased involving Ranjit Singh, Shambhu and Ramchandra, appellants.
Swelling in upper and lower portion of elbow.
The injured persons, namely, Nagu, Shambhu, Kailash PW.25 and Gangaram PW.24 were sent for medical examination to Government Hospital, Ratlam.
The following injuries were found on the body of Nagu Fracture of humerus bone of left hand and X ray was advised.
Post mortem was companyducted on the body of Shantilal deceased by Dr. M.A. Qureshi PW.1 .
Injuries The following injuries were found on the body of Shantilal deceased One lacerated wound inch flesh deep full with blood on right forearm.
Dr. Jayant Mukund Subedar PW.16 had medically examined Gangaram PW.24 .
Out of these witnesses, Gangaram PW.24 and Kailash PW.25 are injured witnesses.
The trial companyrt vide judgment and order dated 8.2.1995 acquitted 22 accused and companyvicted 10 including the present appellants.
He also examined on the same day the injured Kailash PW.25 and Nagu.
The appellants also caused injuries to the other eye witness.
Kailash PW.25 , attributed serious roles to the appellant, Ranjit Singh, and other company accused who did number prefer special leave petitions or had been acquitted by the trial Court.
Dr. Jayant Mukund also examined Gangaram PW.24 .
Lacerated wound in middle front part of left leg 2x2 inches skin deep.
The following injuries were found on the body of Shambhu Entire left hand, from right shoulder to the hand was swelled and was red due to swelling and much pain for which X ray was advised for left shoulder, left humerus bone, left forearm and left hand front all the four portions.
Prosecution examined Dr. M.A. Qureshi PW.1 , Dr. Jayant Mukund Subedar PW.16 and Dr. Udai Yarde PW.17 before the trial Court and they have all supported the case of the prosecution and proved the injury reports.
He sent the dead body of Shantilal for post mortem examination.
Shambhu also received grievous injuries on his person.
Shailendra Kumar Shrivastava PW.29 prepared the inquest Ex.
One incised injury dimension 3x3 inches on left elbow.
The Police had been investigating theft cases against them.
The FIR lodged by the companyplainant, Nagu was recorded by SHO Govardhan Singh PW.30 vide Ex.
He also named Balaram, Ramchandra and Shambhu.
Dr. M.A. Qureshi PW.1 had medically examined Kailash PW.25 .
On the next day, i.e., 20.1.1988 at about 8 9 A.M., they brought Kailash PW.25 , Shambhu and Gangaram PW.24 and companyfined them also in the same room along with Nagu and Shantilal.
Gangaram PW.24 also clarified that the appellant before us, Ranjit Singh, had beaten them and number the other accused named Ranjit, who died during the trial.
So far as the eye witnesses are companycerned, Gangaram PW.24 , had named Ranjit but did number name either of the three other appellants before us.
The High Court acquitted two accused appellants, namely, Pooran Das A.2 and Mukesh A.20 .
One lacerated would 3x2 inches muscle deep on left calf.
Dr. Uday Yarde PW.17 performed post mortem of the deceased Shambhu and prepared the post mortem report.
Abrasion on left knee 3x3 inches.
Swelling on left hand and forearm pain on pressing.
All the said 10 companyvicts preferred Criminal Appeal Nos.149 and 180 of 1995.
So, at present, we are companycerned only with four appellants, namely, Ranjit Singh A.3 , Balaram A.14 , Ramchandra A.18 and Shambhu A.22 .
One abrasion present on left side of face and on left ear.
During the pendency of this appeal, Gopal Das A.17 died.
The investigation proceeded, a large number of persons were apprehended and after companypletion of the investigation, a charge sheet was filed against 34 persons out of which two, namely, Vikram Singh A.33 and Ranjit, son of Rattan Lal Patidar A.34 died during the trial and thus, the remaining 32 accused were put to trial.
It was flesh deep.
Therefore, he was advised X ray of chest and shoulder.
Lacerated would 4x3 inches skin deep on frontal region in which blood clot was present.
From there they had been taken to village Bhaisatiya.
X ray was advised for it also.
None of the other appellants had been named by more than one witness as being involved in the case and in respect of some of the accused the evidence of the witness had been disbelieved by the companyrts below, thus, it was number proper for the High Court to maintain the companyviction of the appellants on the basis of the same evidence against the present appellants.
Dr. B.S. CHAUHAN, J. This appeal has been preferred against the judgment and order dated 20.10.2005 passed by the High Court of Madhya Pradesh Indore Bench in Criminal Appeal Nos.149 and 180 of 1995, by which the High Court has dismissed the appeals against the judgment and order dated 8.2.1995 passed by the Sessions Court companyvicting the appellants under sections 148, 365, 342, 323, 324 and 324/149 of the Indian Penal Code, 1860 hereinafter called the IPC , and awarded them life imprisonment along with other punishments.
Facts and circumstances giving rise to this appeal are That on 21.1.1988, the First Information Repovrt hereinafter called as FIR bearing No.18/88 was lodged at 9 A.M. under sections 148, 365, 342, 323, 324 and 324/149 IPC in the Police Station, Namli District, Ratlam by Nagu, informant companyplainant, stating that on 19.1.1988 Nagu and Gangaram PW.24 had gone to the District Court, Ratlam to attend a case and at about 3 P.M. the accused persons, namely, Ranjit A.3 , Kamal Das A.12 , Vikramsingh both of whom died during the companyrse of trial , Ramesh Patidar A.4 , Shantilal A.6 and Pooran Das A.2 reached the companyrt companypound and took Nagu and Gangaram PW.24 on their bicycle to an iron factory on the pretext of reaching some companypromise in the case and thereafter they had been taken in a truck loaded with sand to the outskirts of village Amleta.
