There are five appellants, who were the five accused in the Sessions Case and were tried for offences punishable under Sections 147, 148 and 302 read with 34 I.P.C. The case arose out of an incident that took place at Chalisgaon on 4th March, 1974 resulting in the death of Bhanudas Nathu Kumawat, the deceased in the case.
The relations became further strained because of the Panchayat elections.
P. 20.
The deceased cried and fell down on the spot.
1, who stabbed once the deceased, but the Doctor found five injuries and that two knives were fond at the place of occurrence and, therefore, the version given by these two eye witnesses is in companyflict with medical evidence and the circumstantial evidence.
The appeal filed by them was dismissed by the High Court.
On internal examination he found that the walls of the thorax were haemorrhaging, in the pericardium there was an incised wound on the companyering of left ventricle and he also found another incised wound on the tip of the left ventricle in the heart.
The accused pleaded number guilty.
This appeal pursuant to the Special Leave granted is directed against the Judgment of the High Court of Bombay.
He proceeded to the place of occurrence and prepared a Panchanama, held the inquest and sent the dead body for post mortem.
Dr. Kulkarni, P.W. 4 companyducted the post mortem and numbered five incised wounds on the body of the deceased.
When he came near Nehru Chowk, he met Sakharam Kumawat, P.W. 10, who is also closely related to the deceased and P. W. 5.
All the five accused were companyvicted and sentenced to imprisonment for life.
Ashok Tulsiram Beldar, P.W. 5, who is the companysin of the deceased was returning from the place of his work.
5 and 10.
They then went to Ashoks house.
The appeal in so far as he is companycerned abated.
During the pendency of the appeal before this Court Appellant No.
1, Shaikh Nabab delivered a knife blow.
The Investigating Officer also found two discarded knives near the place of occurrence and they were found to be stained with human blood.
They informed the inmates and Ashok went to Police Station and lodged the report, Ex.
He opined that death was due to these injuries which are sufficient in the ordinary companyrse of nature to cause death.
1, Shaikh Nabab Shaikh Babu Musalman died.
The incident took place in front of some temporary stalls on the road.
The Sub Inspector recorded the same and registered the case.
The accused ran away.
It is on record that Police also filed other cases against members of both the groups from time to time.
The prosecution mainly relied on the evidence of the two eye witnesses P.Ws.
After the investigation was companypleted, a charge sheet was laid.
Both of them were walking together and came to the place of occurrence, They saw five accused persons surrounding the deceased.
The relations were strained for the last many years.
In an earlier double murder case the deceased was sentenced to 10 years R.I. and his brother was sentenced to one year R.I. The village of the deceased is at a little distance from Chalisgaon.
The prosecution case is as follows.
One of them held the left hand of the deceased, two of them held his right hand and one of them held him from behind and Appellant No.
The deceased and his relatives were on inimical terms with the accused persons and their group.
The present incident took place on the Station Road at Chalisgaon on a Monday, on which day a Rath Yatra was held in another part of Chalisgaon.
5 and 10 did number intervene out of fear.
After the accused ran away, they went near the deceased and found him to be dead.
5 and 10 and companyvicted the appellants.
Both the Courts below accepted the evidence of P.Ws.
