108 of 1981 and heard that appeal also along with criminal appeal No.
2 4 preferred a separate criminal appeal while the 5th accused filed another criminal appeal as already mentioned in the earlier part of this judgment.
After companypleting the investigation, the charge sheet was filed against all the six accused persons.
Hence the prosecution rested its case only on the sole direct testimony of P.W. 1.
He left the hospital at 5 a.m. in the morning, met his father P.W. 15 and narrated the incident.
On being frightened P.W. 1 took to his heels and ran into the hospital and hid himself in a room.
When the deceased and his friends reached near a hotel on their way to their home they found all the accused persons standing on the way.
To substantiate the charge, the prosecution examined P.Ws.
The fifth accused caught hold of the deceased and beat him.
2 4 before the trial companyrt and the appellant in Criminal Appeal No.
Whilst the beating was going on, the other accused persons joined the accused No.
102 of 1981 The above two appeals are preferred by the appellants in the respective cases challenging the companyrectness of the companymon judgment rendered by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeals Nos.
The trial companyrt for the reasons assigned in its judgment found that the prosecution has number made out the case against the first and sixth accused and acquitted them of the offence charged, and found only these four accused, namely, accused Nos.
On the advice of his father he went to the Police Station and lodged a report at 7 a.m. On the basis of the report given by the P.W. 1, a case was registered and investigated, by P.W. 19, the Sub Inspector of Police.
1, 2 and 3 of whom P.Ws.
108 of 1981 was Accused No.
102 of 1981 were accused Nos.
425 and 397 of 1975, respectively.
108 of 1981 is taken on board along with Criminal appeal No.
P.W. 18, the medical officer companyducted the post mortem examination on the dead body of the deceased and found seven incised wounds and one stab wound, all of different dimensions on different parts of the body.
When they were purchasing tickets at the companynter, the fifth accused abused them.
2 5, guilty of the offence of murder, companyvicted them thereunder and sentenced them as aforementioned.
108 of 1981 preferred by the 5th accused we, after issuing numberice to the learned Counsel Dr. N. M. Ghatate, have called for the file of the criminal appeal No.
As we have companye to know during the hearing of C.A. No.
Shiv Shankar P.W. 1 , Munnilal P.W. 2 and Bhola PW 3 had gone to witness a second show cinema at Shyam Talkies.
It appears from the evidence that when P.W. 1 and his friends reached near the back portion of the District hospital, the accused came near them from the opposite direction in two Rickshaws and directed them number to move away.
The appellants in the Criminal Appeal No.
On being aggrieved by the judgment of the trial companyrt, accused Nos.
The High Court agreeing with the findings of the trial companyrt companyfirmed the companyviction and the sentence awarded to the accused and dismissed the appeal.
PW 1 thought that the fifth accused was only abusing him as he had beaten the fifth accused on an earlier occasion.
For the companyvenience and proper understanding of the case, we would like to refer the appellants herein in the order as arrayed in the trial companyrt.
Criminal appeal No.
Hence, the present two appeals on grant of special leave.
102/81 that there is another companynected criminal appeal being criminal appeal No.
Of the eye witnesses examined by the prosecution, P.Ws.
A stab wound on the left side of the chest was penetrating the thorax causing wound on the left ventricle of the heart.
Suspecting a foul play, they all turned back so that they would retreat through a road which runs behind the main hospital at Bilaspur.
1 and 3 were treated as hostile to the prosecution as these two witnesses resiled from their earlier statements given during the investigation.
102 of 1981.
2A. The brief facts of the case are as follows On 5 7 74, the deceased Ravi Tiwari along with his friends viz.
After witnessing the show they all came out and found all the accused persons numbering to six inclusive of these accused persons 2 5 standing near the gate with tabbal and lathies.
2 and 3 have given a companyplete go by P.W. 1 alone supported the prosecution version.
