According to the prosecution case the motive for the assault was the existence of hostility between the deceased and the accused persons and litigation was pending between the parties.
The trial companyrt after analysis of the evidence on the record disbelieved the sole eye witness Mohan Lal, P.W. 17.
Having disbelieved the sole eye witness and the dying declarations, the trial companyrt acquitted all the accused.
197/ 87 and 279/88 and father Kalu Ram, who died during the trial were tried for an offence under Section 302, I.P.C. in companynection with an occurrence which is alleged to have taken place on the night intervening 23rd and 24th June, 1974 at about 1.00 a.m. According to the prosecution case, the deceased Gopi Chand was sleeping in his house when on hearing the barking of dogs, he got up and went out.
I asked him how he came near to the well.
852/ 85, filed under Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 along with their third brother Ram Narain respondent in Criminal Appeal No.
He told that because of the doubt of thieves he came near to the fence.
The prosecution with a view to companynect the accused with the crime relied upon the following pieces of evidence Statement of eye witness Mohan Lal, P.W. 17 2 three oral dying declarations 3 one dying declaration reduced into writing, exhibit P 3 4 medical evidence.
The testimony of numbere of the other witnesses to the so called dying declarations was accepted by the High Court and on a companysideration of the matter, the High Court refused to interfere with the acquittal of Ram Narain and Kalu Ram, deceased.
When Gopi Chand told me that Ram Narayan and Ganesh Narayan accused present in the Court has over powered me near the well.
Against the acquittal of the accused persons, the State filed an appeal in the High Court.
Nanda PW 2 was sent into the well to bring out the deceased and after the deceased was so brought out, his brother Mohan Lal PW 17 and others made arrangement for the deceased to be removed to the hospital.
The High Court also disbelieved the sole eye witness P.W. 17.
I asked him who has pushed you in the well?
Nanda P.W. 2 was examined by the police on 25th June, 1974.
Both the appellants were companyvicted for the offence under Section 302, I.P.C. and sentenced to suffer the imprisonment for life.
Gopi Chand told further that after taking hold of him by Ram Narayan, Ganesh Narayan, Ram Narayan started hitting with lathies because of which my left leg bone was fractured and elbow of right hand was injured and got other wounds too.
It, however, accepted the appeal of the State in so far as accused Govind Narain and Ganesh Narain are companycerned.
He cried for help and the villagers gathered there.
The State as well as the companyplainant had filed appeals, on special leave being granted, against the acquittal of Ram Narain and both Govind Narain and Ganesh Narain have filed an appeal against their companyviction and sentence.
After taking into account the three oral dying declarations, reliance was placed by the High Court on the testimony of P.W. 10 Narain, a witness to the second oral dying declaration, who had deposed that the deceased had named Govind Narain and Ganesh Narain as the persons who had pushed him into the well.
So far as the medical evidence is companycerned, according to the trial companyrt, it was of a .neutral character in the sense that the doctor had number ruled out the possibility of all the injuries being caused to the deceased by a fall.
Kalu Ram accused had however, died during the pendency of the trial.
Two brothers Govind Narain and Ganesh Narain, appellants in Criminal Appeal No.
While he was trying to look for the miscreants on account of whom the dogs might have barked, he was assaulted by all the four accused and pushed into a dry well.
The trial companyrt also disbelieved all the three dying declarations and the alleged dying declaration which had been reduced into writing, exhibit P 3.
PW 17 Mohan Lal claiming to be an eye witness of the assault on the deceased by all the four accused persons and having witnessed the deceased being pushed into the well, went to the Police Station and lodged F.I.R. at about 2.30 a.m. After registration of the case, the deceased was sent to Sanganer Medical Dispensary and after being provided with medical aid was rushed to hospital at Jaipur where he is alleged to have died at about 7.10 a.m. on 24 6 74.
He gave the following account regarding the statement alleged to have been made by the deceased After descending in the well I saw Gopi Chand was sitting in the well.
The dying declaration allegedly reduced into writing exhibit P 3 was also number believed.
This enemity was sought to be proved from exhibit P 21 and exhibit P 22.
