The prosecution case is that on September 8, 1967, at about 3 p.m. Head Constable Karar Ahamad of Govt.
As soon as Karar Ahmad got down from the train at Nagda railway station at about 10.20 p.m., it is stated he was attacked by the two appellants Satvir gave a first blow on the face of Karar Ahmad, as a result of which one of his lower molars got dislocated.
Karar Ahmad made a report about the occurrence to Head Constable Ramgopal of Govt.
The two appellants at the time of the assault were also accompanied by Mangilal and Babulal.
Karar Ahmad suspected that the said opium belonged to the two appellants who in the meantime slipped away.
Railway Police seized 33 kilograms of opium from the latrine of a first class companypartment at Ratlam railway station.
The doctor found five injuries on the person of Karar Ahmad.
The accused ran away after the assault.
Satvir accused, it is further stated, was arrested by Sub Inspector Sardar Singh at Shamgarh railway station at about 12 midnight when Satvir got down from Janta Express.
Railway Police at 10.30 p.m. Karar Ahmad was thereafter got examined from Dr. Shiv Dayai.
The other three accused were arrested subsequently.
One lower last molar tooth was found by the doctor to have been knocked out.
Karar Ahmad came the same evening by Janta express from Ratlam to Nagda in search of the two appellants.
At the trial the plea of the accused appellants was denial simpliciter.
Mangilal and Babulal, who had also been companyvicted along with the appellants by the trial Court were acquitted by the High Court.
R. Khanna, J. This is an appeal by special leave by two brothers, Dharamvir and Satvir, against the judgment of the Madhya Pradesh High Court, affirming on appeal the companyviction of the appellants under Section 325 read with Section 34, Indian Penal Code and the sentence of rigorous imprisonment for a period of one year imposed on each of them.
