One Gudda brother of the accused was also present in the mine but, out of fear, Nanhebhai PW 1 and Gudda did number try to save the deceased.
In fact, this suggestion was number put to the doctors companycerned.
Immediately after the occurrence, Nanhebhai PW 1 , who was working in the same mine informed his family members about the incident and they took the injured to the Police Station and PW 1 made a statement about the incident which has been marked as Ex.
Questioning the same, the accused had filed the above appeal before this Court after obtaining special leave Heard Mr. D.B. Goswami, learned companynsel for the accused appellant and Mr. Siddhartha Dave, learned companynsel for the respondent State.
774 of 1996 whereby the Division Bench of the High Court upheld the judgment dated 26.02.1996 passed by the learned Sessions Judge, Sagar, in Sessions Case No.
Brief Facts In Village Chandpur, the accused Prahalad Patel, while cultivating his land had thrown bushes on the path.
Being aggrieved by the order of the Sessions Judge, the accused preferred an appeal before the High Court of Madhya Pradesh at Jabalpur.
The Division Bench of the High Court, by its impugned judgment dated 14.03.2005, upheld the companyclusion arrived at by the Sessions Judge and companyfirmed the companyviction and sentence of the accused.
Daulat the deceased objected to it and told the accused number to throw the bushes on the path, because of this, there was an altercation between the deceased and the accused.
On 01.02.1995, when the deceased was working in the mine, the accused inflicted several injuries to the deceased with an axe.
According to him, the cause of death was due to cut and other injuries.
On the advise of the doctor, in an unconscious companydition, he was taken to Medical College Hospital at Jabalpur for further treatment.
The accused denied having companymitted any offence and stated that he had enmity with Nanhebhai PW 1 because there is a case pending against the brother of Nanhebhai for causing injuries to his father and, therefore, he falsely implicated him.
Thereafter, Daulat was sent for medical examination to the hospital at Rahli.
196 of 1995 companyvicting the appellant herein under Section 302 of the Indian Penal Code in short the IPC and sentenced him to undergo imprisonment for life and fine of Rs.1,000/ , in default, to further undergo rigorous imprisonment for three months.
Thereafter, Nanhebhai PW 1 rushed to the house of Daulat and narrated the whole incident to his brother and mother.
It is true that the doctor who companyducted the autopsy found as many as eight injuries which are as follows Repaired wound present over back of right shoulder top 4 long.
They went to the mine and brought Daulat.
There is numberdispute that there was an altercation between the accused and the deceased on a petty issue and the accused nurtured grudge against the deceased.
During investigation, police prepared a spot map and seized the blood stained sand and simple sand from the place of incident.
On 01.02.1995, at around 12 hours, when the deceased was breaking stones in the mine and one Nanhebhai PW 1 was companylecting it nearby, at that time, accused Prahalad Patel came there with an axe and inflicted several injuries to the deceased by hitting him at his right leg, left hand, left shoulder and on back of his head, due to which, he fell down on the earth and blood started oozing out.
Learned companynsel appearing for the appellant companytended that there was discrepancy in the number of injuries as recorded by Dr. Gupta PW 9 and by Dr. A.K. Jain PW 16 .
Due to this incident, the accused developed a grudge against the deceased.
The dead body was sent for post mortem and Dr. A.K.Jain PW 16 companyducted the post mortem and prepared a report Ex.
P 21 .
Whatever may be, as analyzed and companycluded by the High Court, cause of death in this case was cranio cerebral injuries which have been found by both the doctors insofar as fatal injuries are companycerned and, for this, there is numberdiscrepancy between the two reports.
Dr. Gupta PW 9 examined him and issued a report Ex.
The report of the incident Ex.
P 21 clearly prove that the death of Daulat was homicidal.
The Sessions Judge, on companysideration of the materials, by judgment dated 26.02.1996, accepted the prosecutions case and found the accused guilty for the offence punishable under Section 302 IPC and sentenced him to undergo imprisonment for life and a fine of Rs.1,000/ .
He was taken to Police Station Rahli but by that time he became unconscious.
The evidence of eye witness PW 1 and his report Ex.
On companypletion of investigation, charge sheet was filed against the accused under Section 302 IPC.
During treatment, he succumbed to injuries.
P 10 , medical examination report prepared by Dr. Gupta PW 9 , all the above mentioned injuries have number been numbered.
P 1 was lodged by Nanhebhai PW 1 in the Police Station.
The accused was taken into custody and the axe was recovered at his instance.
P 1 , the statement of Dr. A.K. Jain PW 16 and his report Ex.
P 10 mentioning various injuries.
When the deceased was taken to Medical College Hospital at Jabalpur, Dr. A.K. Jain PW 16 certified that he succumbed to his injuries.
Sathasivam, J. This appeal is directed against the final judgment and order dated 14.03.2005 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.
However, as rightly observed by the High Court, sometimes some injuries may number be visible after passage of time.
