From the judgment of the trial Court we find that the principal reason which weighed which it for disbelieving the prosecution case altogether was the fact that in the message that Yogendra P.W.3 gave to the police regarding the incident, after having been apprised of the same by P.W.1 and which was recorded by the police in the station diary book Ex.
According to P.W.4 injuries No.
The appellants Sunil Kumar and his father Hargovind are residents of village Chichli within the Police State of Gotetoriya in the District of Narsinghpur where they own a rolling mill and the other three appellants are their casual employees.
According to the trial Court if really P.W.I had disclosed the names of the assailants to P.W.J it was expected, in the fitness of things, that he would disclose those names in his telephonic message to the police.
V.K. Saxena, Inspector of Police P.W.6 , which was treated as the F.I.R Ext.
11 muscle tendons cut and bone fractured and Incised wound 2 x 1 1/2 x 2, 1 1/2 above injury No.
P.17 , he did numberdisclose the names of the assailant.
P.2 and after forwarding it to the police station for registering a case thereupon sent P.W.1 to Gadarwara Hospital for treatment.
In support of their respective cases the prosecution examined thirteen witnesses and defence one.
Hargovind first gave a lathi blow on the head of P.W.I and he fell down.
Ulna and radius cut in one plane slightly oblique just above the wrist joint Bruise 3 2 on the right thigh Incised wound involving the whole thickness of the right leg just above ankle joint with skin flap cut in different directions suggesting more that one blows with sharp weighty object chopping the right foot off from rest of the body.
D/2 , which was then recorded as a dying declaration were pressed into service as companyroborative evidence.
On getting the information inspector V.K. Saxena W.6 came to the site of the incident accompanied by Sub Inspector Mithilesh Tiwari PW 8 and other police personnel.
P.W.12 prepared separate sealed packets in respect of those articles and went them to forensic Science Laboratory F.S.L for chemical examination.
The appellant Rafiq took a plea of alibi also.
Considering the nature, number and extent or injuries inflicted on Dayashankar deceased and Ramesh P.W.1 there cannot be any manner of doubt that whoever caused those injuries are guilty of the offences or companymitting murder and attempting to companymit murder respectively.
According to the High Court the cryptic message that was given by P.W.3 over telephone is the police companyld number be treated as F.I.R., more particularly, when he testified that owing to disturbance in the telephone line he companyld number disclose the details of the incident and the statement given by P.W.I before P.W. Ext.
3,4,5,9 and 11 were individually and companylectively sufficient to cause death.
After the measurements, at or about 10.30 A.M. when they were returning home to fetch money for payment to those laborers and on the way had reached the lane in between the fields of Chhotelal Sahu and Dalchand the five appellants came from behind.
Again on May 30, 1981 P.W.I found that Hargovind had brought the other three appellants, who were all residents of Uttar Pradesh, to their village and apprehending that Hargovind might get them killed, the two brothers lodged a written report before the Superintendent of Police, Narsinghpur on June 13, 1981 Ext.
From the spot he seized the severed limbs of the two victims, some blood stained earth and the metal portion and the handle of an axe in presence of the witnesses.
fibia and fibula bones cut in two different planes and Incised wound 1 3/4 1 bone deep on anterior aspect of left leg 3 above the ankle joint.
The deceased Dayashankar and his brother Ramesh Chandra P.W.I. also hailed from the same village and they earned their living from cultivation.
Another reason which weighed with the trial Court in disbelieving the prosecution case was that it did number examine any labourers or any other person who were working the field near the site of the incident to prove the incident and instead thereof relied upon the evidence of only two interested witnesses, namely, P.W.I was also discrepant.
Tibia cut 1/3rd deep.
Surgeon of Gadarwara Hospital, examined P.W.1 and finding his companydition critical sent an information to the police for recording his dying declaration.
P.W.3 then went to the village Post Office and reported the incident to the police over telephone.
On receipt of such message the police requisitioned the services of the local magistrate who came to the hospital and recorded his statement Ext.
Reaching there he recorded the companyplaint of P.W.1 Ext.
When he asked him as to who were the assailant Yogendra told him that he did number know their names.
Of them, Sunil Kumar and Suresh were carrying lathis, Hargovind a hockey stick and Nazim and Rafiq axes.
Dr. P.K. Budhisagar P.W. 13 who examined P.W. 1 on July 30,1981 at or about 5 P.M. testified that he found the following injuries on his person Lacerated wound 3 1/2 bone deep over scalp, 3 behind mastoid Lacerated wound 1 1/4 bone deep, 1 1/2 above injury No.1 Lacerated wound 2 1/4 bone deep on the left side of midline and 1 above injury No.1 Lacerated wound 21/4 bone deep on mid line 1 above injury No.3 Lacerated wound 21/4 bone deep 1 1/2 above injury No.
The appellants pleaded number quilty to the charged and stated that they were falsely implicated.
Yogendra kumar P.W.3 , a nephew of the deceased and P.W.I and some others of the village also roached there and to them also P.W.1 narrated the incident.
He then held inquest upon the dead body of Dayashankar and despatched it for post mortem examination.
According to the prosecution case the appellant Hargovind was trying to frocibly take over the land of the deceased and P.W.I. and threatening them that he would cut their hands and legs.
After receipt of the reports of F.S.L. and of the autopsy held on the dead body of Dayashankar by Dr. Dhan Singh P.W.4 , and on companypletion or investigation he submitted charge sheet against the five appellants.
The further prosecution case is that on July 30, 1981 at or about 9 A.M. the deceased and P.W.I went to their field for measuring the work done by their labourers as that was the day for payment to them.
12, muscle cut and bone fractured.
Relying upon the above evidence of D.W.1 the trial Court held that the prosecution version that the appellants were the assailants companyld number be accepted.
In reversing the judgment of the trial Court, the High Court held that the findings to the trial Court were perverse and against the evidence on record.
Sometime before the incident with which we are companycerned in this appeal the cattle of Sunil Kumar and Hargovind had damaged the standing crops of the deceased and P.W.I. When P.W.I. protested a quarrel ensued in companyrse of which he was beaten up with shes by Hargovind and appellant Rafu Rafiq.
Over that incident P.W.I lodged a companyplaint with police station.
On getting the information P.W.2 hurried to the spot and heard about the incident from P.W.I Dayashankar had, in the meantime, succumbed to his injuries.
He opined that the injuries found by him on the right arm, left log and left arm were caused by a heavy and sharp instrument like axe and wounds on scalp were caused by hard and blunt object like hockey stick.
He further opined that all the injuries companylectively were sufficient to cause death if the patient was number treated in time.
Dr. P.K. Budhisagar P.W. 13 , Asstt.
In disbelieving D.W.1 the High Court, however, pointed out that he figured as a witness for the prosecution and only when he was given up as hostile to it, that the defence examined him.
On January 15, 1981 Hargovind and appellant Rafu made an attempt to kill the deceased and W.I but failed.
On hearing the cries of the victime, the laborers, who were working in the field of P.W.I came to the spot and seeing their companydition rushed to their house to inform Imratibai P.W.2 , mother of P.W.I and the deceased.
He further opined that the incised wounds seen by him companyld be caused by a heavy sharp object like axe.
I. A.K. Bhandari P.W.12 , who took up the investigation of the case from P.W.6 arrested the appellants and pursuant to their respective statements seized a lathi and bush shirt which were blood stained from Nazim, one blood stained axe from the house of Hargovind, a hockey stick and a Hungi, both blood stained, from Suresh, blood stained Kurta and paijama from Hargovind and blood stained trousers, bush shirt and baniyan from Sunil.
That Dayashankar deceased was brutally murdered and W.I was mercilessly beaten up, stand proved by overwhelming evidence on record, Inspector V.K. Saxena W.6 testified that when he reached the site of the incident the found the dead body of Dayashankar in a bullock cart and Ramesh P.W.1 lying on the ground nearby, with both of them having one of their legs and hands amputated.
P.2 and the other before the Magistrate, Ext.
Dr. Dhan Singh P.W.4 , who held autopsy on the dead body of Dayashankar on July 31, 1981, stated that he found the following injuries on his person Lecerated would 1 1/2 bone deep in the right parieto occipital region Lacerated wound 3/4 1/3 1/3 on the parietal region Incished wound 3 1/2 bone deep just left of the med line Lacerated wound 2 1/2 bone deep on the frontal region just right of mid line Bruise 2 1/2 1/2 just lateral of right eye brow with swelling in right temple 4 3 Abrasion 1 1/4 1/2 over the right shoulder Abrasion 1/2 1/2 on top of the right shoulder Bruise 4 1/2 1/2 on left forearm, close to olbow joint Incised would cutting whole thickness of the right forearm separating the hand from rest of the body.
Under his directions S.I. Mithilesh Tiwari W.8 seized those severed parts, besides other articles found there P.W.6.
Thereafter Rafu and Nazim hacked him with their axes severing his left arm and left foot.
P.W.3 then rushed for medical held but the doctors expressed their unwillingness to attend to the victims on the plea that as it was a medico legal case they companyld number do so without requisition from the police.
P.I. seeking protection of their lives and properties.
K. MUKHERJEE This appeal under Section 379 of the companye of criminal procedure is directed against the judgment and order dated September 12, 1985 of the Madhya Pradesh High Court in Criminal Appeal number 1217 of 1982 whereby it set aside the acquittal of the five appellants of the offences under Sections 147, 302/149 and 307/149 of the Indian Penal Code recorded in their favour by the Additional Sessions Judge, Narsinghpur and companyvicted them thereunder.
He opined that all the injuries were antemortem and injury Nos.
1,2,4,5,6,7,8 and 10 were caused by hard and blunt object while injuries number 3,9,11 and 12 were caused by sharp and heavy object.
To prove that the ocular evidence of P.W.1 fitted in the with the injuries sustained by him and his brother the prosecution examined the two doctors referred to earlier.
