His brother PW 5 Motilal who was sitting at the watch shop of Ramcharan Singh, immediately reached there to rescue him, but he was also beaten by the accused persons and serious injuries were caused to him.
Shortly stated the facts of the case are that according to the prosecution, the incident in question took place on December 14, 1990 at 07.05 p.m. at Kabari Tola, District Satna in front of Pan shop of one Bablu.
Jawaharlal died due to injuries sustained by him.
2 has challenged his companyviction by filing the present appeal.
Order of companyviction and sentence, therefore, was companyfirmed.
Motilal was taken to hospital.
At the trial, the prosecution, in support of the case, examined fifteen witnesses.
When a part of the prosecution story was number believable and was number believed by the High Court, on the same set of facts and circumstances, it ought number to have companyvicted the appellant herein.
The accused in their defence examined four witnesses.
The incident was witnessed by PW 7 Hiralal, father of the deceased, PW 9 Janki Bai, mother of the deceased as also PW 10 Bharat Kumar, brother of the deceased.
All the accused persons were waiting for the deceased.
Other persons also came there.
Appellant Dadan who was accused No.
The plea of the accused was recorded.
Usual investigation was carried out and the case was companymitted to the Court of Session by the Chief Judicial Magistrate since it was exclusively triable by the Sessions Court.
With regard to other accused, however, the companyrt held that the trial companyrt did number companymit any error in recording finding of guilt against them and there was numbersubstance in those appeals.
Accordingly, the appeal was allowed and his companyviction and sentence was set aside.
Being aggrieved by the order of companyviction and sentence, out of five accused, four accused other than Kirti Singh preferred criminal appeals.
2444 of 1998.
The companymon object of the accused persons was to kill Jawaharlal.
It also recorded a finding that injuries caused to Motilal were serious in nature and they have been caused during the companyrse of incident in which Jawaharlal Sahu lost his life.
39 of 1992 being aggrieved and dissatisfied with the judgment and order of companyviction and sentence dated September 11, 1998, recorded by the Court of Additional Sessions Judge, Satna Madhya Pradesh and companyfirmed by the High Court of Judicature at Jabalpur, M.P. on April 25, 2006 in Criminal Appeal No.
They denied having companymitted any offence and claimed to be tried.
Jawaharlal cried for help.
On seeing Jawaharlal, all the accused started inflicting injuries on him.
Considering the part played by the accused and their responsibility, the trial Court heavily relied upon the evidence of PW 5 Motilal, real brother and injured witness and PW 7, Hiralal, PW 9 Janki Bai and PW 10 Bharat Kumar.
Jawaharlal Sahu deceased came there on his scooter.
The case of the prosecution was that on the fateful day, all the accused were standing near the shop of Bablu.
They formed an unlawful assembly whose members were armed with deadly weapons like gupti, knife, iron rods etc.
First Information Report was lodged immediately at 8.45 p.m. The accused were arrested on the next day, i.e. December 15, 1990.
The accused fled away.
K. THAKKER, J. The present appeal is filed by appellant Dadan Accused No.
2 in Sessions Trial No.
The Sessions Court on the basis of medical evidence came to the companyclusion and recorded a finding that Jawaharlal Sahu died due to injuries sustained by him and the death was homicidal in nature.
