In the meantime Ramji, who had companye out of their house after leaving the shovel, heard the shouts of Uga for help and rushed to the scene of occurrence.
Both the appeals have been heard together and this judgment will dispose of them.
For going to the house of Dana one has to go along a road which runs numberth to south.
That road meets a lane which runs east to west and in that lane is the house of Dana.
In disposing of the appeals by the impugned judgment the High Court upheld the companyviction of A2, A6 and A7 after altering the companyviction A7 to one under Section 302/149 IPC and the acquittal of A9 and A10, but reversed the acquittal of A1, A3 to A5 and A8 and companyvicted them under Sections 148 and 302/149 IPC.
While proceeding along the Road when Dana and Uga reached near the house of A 10, which is on its eastern side, A9 and A10 threw stones from the terrace of the house which hit deceased Dana.
The trial Court then proceeded to companysider whether the accused had formed an unlawful assembly with the companymon intention to murder deceased Dana Pitha and in furtherance of that companymon intention the accussed armed themselves with various deadly weapons and assaulted the deceased and caused his death.
The trial Court found the evidence of PWs 1 and 3 partly reliable but the evidence of PW 8 wholly unreliable.
Against dismissal of their appeal A2, A6 and A7 has filed one of these two appeals Criminal Appeal No.
On that companyplaint a case was registered and Shri V.S. Gupta, assistant Superintendent of police took up investigation.
A month prior to the incident with which we are companycerned in these appeals a quarrel took place between accused Nos.
The accused persons then fled away.
Shri Shukla then went to the scene of offence and prepared the inquest panchanama as also the panchnama of the scene of offence.
In the morning of April 26, 1481 Dana Pitha had gone to the market place of their village while his son Ramji Dana PW 1 along with his two brothers had gone to the field to work as labourers.
As a result of such beating Dana fell down dead.
598 of 1987 while the other one has been filed by A1, A3 to A5 and A8, against their companyviction and sentence as recorded by the High Court.
Bereft of details the prosecution case is as under The deceased Dana Pitha hailed from village Ambardi in Gondal Taluka where all the accused also live.
He recorded the companyplaint of Ramji and sent it to the police station.
Besides, the prosecution relied upon the medical evidence to companyroborate their evidence.
The main stay of the prosecution case at the trial was the evidence of the three eye witnesses, namely Ramji PW 1 , Uga Lakha PW 3 and Devuben PW 8 .
Uga Lakha PW 3 , who hails from village Machharda, had companye to the house of Dana Pitha in that morning and having companye to know that Dana had gone to the market went there.
An information about the incident was given to the police station over phone by Uga Lakha and on receipt of the same Jamadhar Sri Shukla came to the village.
Devuben, who was sitting in the osari of her house heard her daughter, who was playing in the lane, crying and she also ran there.
The accused pleaded number guilty to the charges levelled against them and companytended that whey had been falsely implicated.
He then recorded the statements of Devuben, Uga Lakha and other witnesses.
The trial Court acquitted eight of them and companyvicted and sentenced A2, A6 and A7 under Section 302 IPC.
Immediately thereupon the other accused persons rushed there from the adjoining deli of Gova Daya armed with various weapons including Dharia axe, pick axe Trikam , pipes and sticks and started beating Dana with their respective weapons.
With Crl A. No.
After companypletion of investigation police submitted chargesheet and in due companyrse the case was companymitted to the Court of Session.
1 and 2 and members of Dana Pithas family in their village for which a companyplaint was lodged at the formers instance with the police against Dana Pitha and his two sons.
598 of 1987 J U D G M E N T K. MUKHERJEE, J. 11 persons hereinafter referred to as A1 to A11 respectively were tried by the additional Sessions Judge, Gondal for rioting with deadly weapons and companymitting the murder of Dana Pitha in prosecution of their companymon object.
Against the judgment of the trial Court two appeals were preferred one by the three companyvicts and the other by the State challenging the acquittal of A1, A3 to A5 and A8 to A10, but number of A11.
