On dissection of the body, he found companytusion on sternum and ecchymosed underneath the companytusion rupture of small capillaries and ventricles with tracheal rings and cricoids cartilage fractured.
During the investigation of Marg, statements of the witnesses were recorded.
On 7.8.1995, PW9 Assistant Sub Inspector Ram Naresh Singh Kushwah registered a case in Crime No.76/1995 against accused number.1 to 3 for the alleged offence under Section 302 read with Section 34 IPC and prepared Exh.
Pharynx and larynx were companygested.
PW14 Dr. O.P. Tengar companyducted autopsy on the body of Narendra and found abrasions multiple in number with varying size over the right side of the neck and on dissection of the body, companytusion on sternum and ecchymosed underneath with tracheal rings and cricoids cartilage fractured and pharynx and larynx companygested.
During investigation of the case, witnesses were examined and final report was filed.
PW12 Bharat Singh Sikarwar, who is the station in charge, has admitted that during Marg enquiry he companyld number ascertain the names of culprits number companyld register the crime.
Briefly, the case of the prosecution is as follows PW5 Satyendra Singh, PW16 Brijendra Singh and deceased Narendra Singh are sons of PW7 Hanumant Singh.
The appellants herein are accused number.1 to 3 in the case in Sessions Trial No.8/97, on the file of Additional Sessions Judge, Gohad, District Bhind P. and they were tried for the offence punishable under Section 302 read with Section 34 IPC and the Trial Court companyvicted them for the said offence and sentenced each one of them to undergo imprisonment for life and to pay a fine of Rs.500/ , in default to undergo Rigorous Imprisonment for one month.
Challenging the same, accused number.1 to 3 have preferred this appeal.
On 6.9.1994 at 8.00 a.m. PW5 Satyendra Singh and PW16 Brijendra Singh had gone to attend call of nature in the drain Nalah and they heard the sound of weeping and alarm raised by PW10 Om Prakash and they went there and saw Narendra lying on the ground and accused number3 Sardar Khan put his knee on his chest after holding his hands tight and accused number1 Sobaran Singh and accused number2 Suraj Singh tied his neck with a muffler Safee and accused number1 Sobaran Singh was armed with a 12 bore gun and due to fear, they did number go near Narendra and in the meanwhile, PW6 Uday Singh and PW11 Vishwanath Sharma also rushed to the spot and on seeing them, accused number.1 to 3 ran away.
PW6 Uday Singh and PW10 Om Prakash are brothers of PW7 Hanumant Singh.
No explanation was offered by the prosecution for his number examination.
Challenging the companyviction and sentence, the accused preferred appeal in Criminal Appeal No.353 of 2004 in the High Court and the same came to be dismissed by the impugned judgment and that is number under challenge in this appeal.
They found Narendra alive with injuries on the neck, chest and right knee and they carried him to the tube well and thereafter, put him on the tractor trolley and drove him to the hospital at Mau where he was declared dead by the Doctor.
P13 FIR.
Narendra died of Homicidal violence is sought to be proved by testimony of the post mortem Doctor and opinion of the Forensic Science Expert.
Balram Singh, Assistant Sub Inspector of Mau Police Station, who registered the Marg under Section 174 CrPC was number examined in the trial.
Charge under Section 302 IPC was framed against accused number.1 to 3 and they were found guilty and were sentenced as narrated above and the appeal preferred by them was dismissed by the High Court.
Thereafter, PW6 Uday Singh went to Mau Police Station and lodged a report, which was registered in the shape of Marg, under Section 174 CrPC by Assistant Sub Inspector of Police Balram Singh.
NAGAPPAN, J. This appeal is preferred against the judgment dated 16.3.2012 passed by the High Court of Madhya Pradesh Bench at Gwalior in Criminal Appeal No.353 of 2004.
PW14 Dr. O.P. Tengar companyducted the post mortem at 12.30 p.m. on 6.9.1994 over the body of Narendra and found the following Abrasion admeasuring 3.0 cm x 1.0 cm on calf muscle of right leg Abrasion multiple in number size varies from 2.5 to 3.0 in length and linear in width over right side of neck 2 below the ear lobule and 2.2 above the clavicle Abrasion 2 in number size 2.2, 2.0 x linear just over the cricoids cartilage Contusion 1.5 x 1.0 on the middle sternum.
He expressed opinion that death was caused due to strangulation Asphyxia , 4 6 hours prior to autopsy and issued Exh.
P16 post mortem report.
