The second is that the injuries numbered by the doctor on the fifth accused Jai Singh are minor wounds.
The doctor who examined the person of A5 Jai Singh found the following injuries One companytused lacerated wound on the scalp occipital region of the size 1/2 x 1/4 x 1/4.
A division bench of the High Court of Bombay Aurangabad bench companyfirmed the companyviction and sentence and dismissed the appeal filed by the appellant.
Eight persons were charge sheeted by the police in regard to the murder of one Abdul Sattar which happened at about 11.00 p.m. on 19.8.1986 in front of the house of the accused.
Accused number.
In spite of the above fact situation, High Court was number inclined to companycede right of private defence to the appellant mainly on two premises.
1 to 5 are siblings and the other accused are closely associated with them.
The trial companyrt acquitted seven of them but companyvicted appellant Moti Singh alone for the offence under Section 302 of the Indian Penal Code and sentenced him to imprisonment for life.
A number of them belonging to that companymunity assembled together and proceeded to the house of the appellant at about 11.00 p.m. on the same night.
About one and a half hour prior to the occurrence in this case, a minor incident took place in which appellant and his brother Ram Singh has assaulted one Jowharkhan PW3 in the vicinity of the statue of Dr. Babasaheb Ambedkar situated at Beed Maharashtra .,
Jowharkhan PW3 had reported this matter to the other members of his companymunity.
One abrasion on the lower lip of the size 1/4 x 1/4 I 1/4.
One abrasion on left pinna of the size 1/4 x 1/4 x 1/4.
He, therefore, filed this appeal by special leave.
It appears that he was the only person who sustained fatal injury in the occurrence, and the situation did number fortunately escalate into a carnage.
One is that the appellant did number put forth such a plea at all.
T. Thomas, J. In a situation which pitched upto the brim of a companymunal riot, one person died of a stab injury on the chest.
