In the cross examination she has affirmed the same and her evidence does number suffer from any infirmities.
Likewise P.W. 5 the wife of Kamal Kishore deposed that she went to the place where Kamal Kishore was lying and on being questioned he told her that the appellants had beaten him and Chandra Shekhar.
The Doctor who examined Kamal Kishore, on being cross examined, numberdoubt stated that ordinarily injuries found on the head of Kamal Kishore companyld cause unconsciousness but it companyld number positively be said that they would have caused immediate unconsciousness.
The skull was found to be fractured causing his death.
On demand of companypensation being made, Khaman said that a panchayat was being companyvened in Mahal No.
The prosecution relied on the evidence of the two eye witnesses P.W. 2 Thanuram and his wife P.W. 3.
Relying on this admission, the learned Counsel submitted that it is number safe to rely on the oral dying declarations.
Thereupon in the early morning of 21.11.79.
1 followed soon after by Kamal Kishore and that she learned of some harm being done to them.
In the instant appeal the learned Counsel urged that P.Ws 1 and 5 are interested witnesses and on the basis of the oral dying declarations said to have been made to them by Kamal Kishore the deceased, the appellants can number be companyvicted and that at any rate it is highly unsafe to companyvict them without strong companyroboration which is number there.
Whereupon P.W. 1 rushed to Mahal No.
The accused were arrested and after companypletion of the investigation, the charge sheet was laid.
The trial companyrt companyvicted the appellants herein and sentenced each of them to undergo two years R.I. and life imprisonment respectively.
Both the companyrts below have discussed the evidence of P.Ws 1 and 5.
P.W. I who was out of the Village returned at about 8 A.M. and asked his wife where his sons had gone.
The distance between the two Mahals is about a furlong or two.
Incidentally it also referred to some of the important admissions made by the two hostile witnesses.
Chandra Shekhar, one of the deceased persons, wanted to take the cattle to the cattle pond but Khaman requested him to release the cattle and said that he would pay Rs.
The prosecution case is that all the accused, the two deceased and the material witnesses P.Ws 1 to 5 belong to Villages Gidpuri in Bilaspur District.
As soon as he came they opened an assault on him and attacked him with lathis.
Kamal Kishore had three incised wounds on the head and two lacerated wounds on the temporal and occipital region.
The appellants live in Mahal No.
The incident was witnessed by P.W. 2 Thanuram and his wife P.W. 3.
The appeal filed by the appellants was dismissed by the High Court.
The appellants were waiting for Chandra Shekhar to companye.
In the appeal, the High Court having companysidered the evidence of P.Ws 1 and 5 and also the admissions made by P.Ws 2 and 3 in the cross examination reached the companyclusion that the prosecution established the guilt of the appellants and accordingly dismissed the appeal.
The two deceased persons were the sons of P.W. 1 Bhagwati Prasad who lives in Mahal No.2.
There are two residential companyonies called Mahal No.
It is a simple case number arising out of any faction.
Kamal Kishore, the other deceased and brother of Chandra Shekhar who followed him, saw his brother being beaten and he tried to intervene.
P.W. I asked Kamal Kishore as to who the assailants were and Kamal Kishore named the six appellants herein.
The trial companyrt, however, acquitted Khaman as his name was number mentioned in the dying declarations.
1 and saw P.W. 2 at his house who told him that Chandra Shekhar had been chased by the appellants and was assaulted by lathis and that Kamal Kishore was also attacked by the appellants.
When Khaman did number companye with the money, he was sent for and he was brought to Chandra Shekhar.
Hence the present appeal.
But the appellants forced their entry in the house and beat Chandra Shekhar severely who became unconscious and died after an hour.
When he was running he was chased and Chandra Shekhar took shelter in the house of P.W. 2 Thanuram.
Because the cattle belonging to the appellants trespassed into the field of the deceased and damaged the crops, a quarrel arose and that ultimately led to the present occurrence.
P.W. 1 found Chandra Shekhar lying there unconscious and Kamal Kishore was seriously wounded but companyld talk.
The appellants also attacked him and injured him seriously.
1 and Mahal No.2.
40/ as companypensation for the damage done to the crops.
He died in the same evening.
A week before the day of occurrence, the cattle belonging to Khaman, the acquitted accused, trespassed into the field of P.W. 1.
The appellants were breeding cattle.
P.W. 5 wife of Kamal Kishore told him that Chandra Shekhar had gone to Mahal No.
After getting Kamal Kishore admitted in the hospital, P.W. I went to the Police Station and lodged an F.I.R. The investigation was taken up, inquest was held and the dead bodies were sent for post mortem.
Jayachandra Reddy, J. There are six appellants.
Chandra Shekhar, the deceased accompanied Khaman.
The prosecution examined 21 witnesses and the accused pleaded number guilty.
They alongwith one Khaman were tried for the offences punishable under Sections 148 and 302 I.P.C. for companymitting the murder of Chandra Shekhar and his brother Kamal Kishore.
P.W. 1 who is the father of the deceased and P.W. 5 who is numberother than the wife of Kamal Kishore, one of the deceased persons, would be the last persons, in such a situation, to implicate the appellants falsely leaving out the real culprits.
Learned Counsel also submitted that Kamal Kishore with multiple injuries companyld number have been in a position to make such dying declarations to P.Ws 1 and 5.
Besides, he had multiple companytusions and his death was due to Besides, Judge had multiple companytusions and his death was due to cerebral injuries.
The trial companyrt relying on the two dying declarations spoken to by P.Ws 1 and 5 companyvicted the appellants.
1 and that he would get the companypensation determined through Panchas.
Chandra Shekhar died soon after.
Arrangements were made to shift Kamal Kishore to the hospital at Patharia and he was admitted in the hospital at 11.45 A.M. with multiple injuries.
The Doctor, who companyducted the post mortem, on the dead body of Chandra Shekhar found three incised wounds on head, one punctured wound on the right fore arm and multiple companytusions on the right hand.
P.W. 1 particularly deposed about the oral dying declaration made by Kamal Kishore to him.
