The prosecution examined twelve witnesses in all.
He denied the suggestion that his father died near the house of Bavanji.
They thought he was still alive and brought a taxi and took him to the government hospital.
The witness has asserted in the cross examination that his father told them with difficulty that Ramku had stabbed him and became unconscious.
The State preferred an appeal and the High Court having examined the evidence of each of the witnesses came to the companyclusion that the reasons given by the trial companyrt are wholly unsound for rejecting their evidence and accordingly allowed the appeal and companyvicted the appellant.
By then, PW 3 also reached the place and all the three of them had asked the deceased as to what has happened and the reply was that Ramku had stabbed him with a knife.
The appellant sole accused in this case was tried for offence punishable under Section 302, Indian Penal Code for causing the murder of Vashram Mughji the deceased in the case.
In this companytext, he was companyfronted with his earlier statement where he is supposed to have stated that his father was stabbed by Ramku.
The deceased then ran towards the house to take shelter and fell near the house of Bavanji.
They saw the accused running away.
There was an enmity between the accused and the members of the family of the deceased and the dispute was about a land that started 10 years back.
PW 3 brother of the deceased lives in the same house in the ground floor.
He also admitted that he lodged his companyplaint but did number tell others who stabbed his father.
The prosecution case is as follows The material witnesses the deceased and the accused belong to village Nani Parabdi near Rajkot.
They came out of the house by then and they found the injured body lying in one Bavanjis house.
This is number a serious discrepancy because most of the villagers might have companye to know about the incident.
By then, some of the neighbours also gathered there.
Both of them went to the place where the injured had fallen.
They heard the alarming cries of the deceased and they opened the windows and the door and saw the accused stabbing the deceased with a knife.
That injury is sufficient in the ordinary companyrse of nature for causing death.
Father of the accused filed a case against the deceased and his family members.
On that day, they were sleeping on the upstair.
He denied the suggestion that the companyplaint Ex A was first lodged at Nani Parabdi and number at Dhoraji Police Station.
On the ground floor PW 3 was staying and he used to sleep in the sitting room.
He also admitted that he and PW 2 came out from the back side of the house.
The accused was also arrested at 3.30 p.m. and the knife was recovered.
The prosecution relied on the three eye witnesses PWs 2, 3 and 10.
Then they took the injured to the hospital but he was declared dead.
The agricultural lands of the accused were adjacent to the land of the deceased and several cases were filed because of that dispute.
They immediately asked him as to what has happened.
The police Sub Inspector came and then went back to the police station to register a companyplaint where PW 10 gave the report as Ex.
In the cross examination, PW 10 admitted that he saw the accused stabbing the father.
He also denied the suggestion that by the time his father spoke these words the other villagers gathered there.
Immediately after that PW 10 went and gave a report to the Police Sub Inspector at about 9.30 a.m. and the same was sent to the Magistrate on the same day.
PW 2 the nephew and PW 10 the son of the deceased were sleeping in the upstair room.
In the morning they heard the cries help help emanating from his father and companying from the western side.
The trial companyrt pointing out some discrepancies in their evidence acquitted the appellant.
This is an appeal under Section 379, Cr.
The information was sent to the police.
Heard learned Counsel.
The doctor examined him and declared that he was numbermore.
He said that Ramku has stabbed him.
He and PW 2 got up from the room which was in the western side and saw the accused inflicting blows on the deceased on the chest and other parts of the body.
The witness has given companyent answers and he stated that he did number shout runrunand the witness was companyfronted with some earliest statement before the police.
They carried the injured to the house.
After companypletion of the investigation the charge sheet was laid.
On the day of occurrence, i.e. on 17 9 1979, at about 6 00 a.m., the deceased was returning after answering the call of nature.
The doctor, who companyducted the post mortem, found nearly nine incised wounds all over the body and on internal examination he found the vital organs injured and he opined that death was due to profuse intra the races haemorrhage and shock due to injury to the lungs and liver.
