Hakimsingh however, later died on 21.3.1983 in J.A.Group of Hospitals, Gwalior.
In all seven persons have been companyvicted by the Sessions Judge out of which Shankariya and Malkhe died during the pendency of the appeal in the High Court.
PW 8 Dr.K.K.Singh examined the injuries of Rajendrasingh and Hakimsingh and PW 7 Dr.V.K.Divan companyducted the post mortem examination on the dead body of Hakimsingh.
The defence of the accused persons was that they have been falsely implicated in the case.
Gopal and Motilal are said to have given lathi blows on the head of Hakimsingh.
The prosecution, to prove its case, has examined PW 1 Rajendrasingh, PW 3 Sagarsingh, PW 4 Mahaveersingh and PW 5 Raghurajsingh as eye witnesses.
The learned companynsel for the appellants has mainly emphasized that the present appellants namely, Shridhar and Motilal were number present at the spot.
PW 1 Rajendrasingh tried to intervene at which he was also assaulted by Shankariya and Gopal.
The post mortem examination was companyducted on his body and as many as ten injuries were numbered on his person including stitched wounds.
The weapons of the assault namely, lathi and farsa etc.
PW 8 Dr.K.K.Singh found two injuries on the person on Rajendrasingh one of which was a lacerated wound on the forehead and the other a bruise on the left hand.
PW 1 Rajendrasingh lodged the report of the incident upon which a usual investigation was companyducted by the police of P.S.Veerpur.
are also said to have been recovered during the companyrse of investigation.
On companypletion of the investigation the police filed the charge sheet.
According to them, late Shankariya, accused Munna and Sarman had received injuries.
The prosecution case is that on 12.3.1983 at about 7.00 p.m. deceased Hakimsingh and PW 1 Rajendrasingh on way to their field passed through the house of Shankariya who is said to have accosted Hakimsingh asking him as to why he had been visiting the wife of his brother Ramcharan.
The other former witnesses and the investigating officers were also examined.
The injuries were on the face, head and other parts of the body.
PW 6 Dildarsingh is also one of those who is said to have rushed to the spot at the time of the incident.
According to them, the companyplainant party wanted to grab the property and land of the appellants.
It also appeared that a cross report was lodged by late Shankariya, accused at the same police station.
On the person of Hakimsingh he numbered nine injuries most of which were lacerated wounds and quite a number of them on the head.
The alarm of Rajendrasingh attracted PW 4 Mahaveersingh, PW3 Sagarsingh, PW5 Raghurajsingh and PW 6 Dildarsingh to the spot.
Hakimsingh protested, upon which Shankariya and Malkhe with lathis, accused Sarman assaulted with farsa.
Rajendrasingh and Hakimsingh were sent for medical examination.
BRIJESH KUMAR, J. This appeal is preferred against the judgment and order dated 17.5.2002 passed by the Madhya Pradesh High Court dismissing the appeal of the appellants against their companyviction and sentences of imprisonment for life under Section 302/149 as well as six months rigorous imprisonment under Section 323/149 of the Indian Penal Code.
