He was waylaid by the three accused persons who attacked him with knife, lathi and rod.
P.10 to be in the nature of the dying declaration so was the statement of the deceased Ex.
The observation was recorded at 5.00 p.m. on 26.4.1987.
As the deceased died on 30.4.1987 the trial Court and the High Court treated the first information report Ex.
The bed head ticket of District Hospital, Sagar, Ex.
But numbere of the witnesses admitted to having seen the incident.
There he breathed last on 30.4.1987.
Ramesh sustained numerous injuries on his person.
P.10 which was recorded by Head Constable Santosh Kumar PW 20 .
The accused persons challenged companyrectness of the judgment before the High Court by filing an appeal which was dismissed by the impugned order.
P.27 shows that he was admitted in the hospital at 11.15 p.m. on 27.4.1987 and in the bed head ticket the general companydition was recorded to be satisfactory and also that he was companyscious.
She also stated that the police had recorded the statement of the deceased.
The deceased breathed his last three days later on 30.4.1987.
They included the mother PW 1 and grand mother PW 22 of the deceased.
Though PWs.
Rakesh Kumar and Bittu alias Gurdeo Singh intervened.
The bed head ticket Ex.
Santosh Kumar, Head Constable PW 20 had testified that the deceased was fully companyscious when he was brought to the police chowki and it was the deceased who had lodged the companyplaint which was recorded by him.
Though some of the witnesses resiled from the statements made during investigation, PW 19 stated that he and Rameshs mother carried him to the police station.
On the following day he was referred to District Hospital, Sagar for X ray and further treatment.
It was also stated by this witness that the deceased had lodged the report.
Ramesh was taken to the Police Station where he lodged the first information report Ex.
He found as many as 18 injuries on his body as per his report Ex.
Ramesh was immediately taken to the District Hospital at Bina where Dr. Rajnish Shrivastava PW 11 examined him.
Ramesh was admitted in the hospital.
The trial Court was of the view that these witnesses were deliberately making false statements and companycealing the truth.
The incident was witnessed by his mother Khargi Bai PW 1 , maternal grandmother Tulasa Bai PW 22 and others.
Dr. M.C. Jain PW 16 performed the autopsy on the next day.
Postmortem report is Ex.
Therefore, the prosecution with the permission of the Court cross examined them.
These materials were sufficient to discard the stand of the accused persons that the deceased was unconscious when he was brought to the hospital.
The statement of the deceased was marked as Ex.
The deceased was admitted in District Hospital, Sagar.
P.27 shows that when the deceased was brought he was companyscious and his general companydition was satisfactory.
The trial Court and the High Court relying on the evidence of PW 20 companycluded that the statement given by the deceased was to be treated as a dying declaration.
P.32 .
The other five eye witnesses produced were Laxmi Bai PW 2 , Asgari Begam PW 4 and neighbours of the deceased and Santosh Singh PW 17 , Rakesh PW 18 and Bittu PW 19 .
During the companyrse of investigation knife article B was recovered from the possession of accused Dashrath alias Champa on the basis of the information supplied by him.
CRIMINAL APPEAL NO.1166 of 2001 Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of the Madhya Pradesh High Court at Jabalpur upholding the companyviction of the appellants for offence punishable under Section 304 Part I read with Section 34 of the Indian Penal Code, 1860 in short the IPC and the award of sentence of 7 years rigorous imprisonment as awarded by the trial Court.
18 and 1 stated that the deceased was unconscious, PW 22 stated that he was in senses.
The three accused persons were tried.
Seven witnesses were examined as eye witnesses to further the prosecution version.
Prosecution version in a nutshell is as follows On the morning of 26th April, 1987 Ramesh hereinafter referred to as the deceased was returning from the house of Ismail Khan.
