2 there wasan incised wound of the size of 5 x 0.5 x 05 c.m.
All the structures includingmuscles, blood vessels, nerves, trachea, esophagus and cervicalvertebrae were cut and torn badly.
The Assistant Serologist and Chemical Examiner lateropined that the blood found on the Tabbal was human blood.
This appeal has been filed by special leave.
The dead bodyof Radhey Shyam was sent to Civil Hospital, Bilaspur where autopsywas performed by Dr. A.N. Bajpai, Assistant Surgeon.
Wound was curved downward below the right external ear.
The appellant was arrested on the same day.
downward and back ward from right pinna.
Sowing operation was going on.
Baldau Ram PW 2 , Kamta PW 4 , Radhey Shyam thedeceased and their one more brother Jai Lal, in all the four brothers,were also facing prosecution under Section 325 IPC for causinginjuries to Shyam Sunder the accused appellant and his mother RamKali.
There were a few labourers on his field.
All the injuries were anti mortem.
At onepoint of time Nathu Lal and Ram Ratan were living together, alsohaving joint cultivation.
Kamta PW 4 supports this part of the version.
However, the partition had resulted into thefeelings between the two brothers and their respective familymembers being strained so much so that at about 4 5 years prior to thedate of this incident, there was another incident, which had resulted inproceedings under Section 107 Cr.
On his informationcontained in a statement, admissible in evidence under Section 27 ofthe Evidence Act, a Tabbal was recovered from a place near the nalawhere he had hidden it.
Therewas a big gap between skin flaps.
Long before he incident, Nathu Lal and RamRatan had separated by effecting a partition of their residential houseas also of the agricultural land.
He was returning at about7.30 a.m. through a path passing by the side of the field of theaccused appellant.
On the front and on the back just above the wound No.
Back end of the would was 9c.m.
He raised an alarm whereupon a few villagerscollected from the fields situated nearby including Punni Bai PW 6 .Punni Bai PW 6 told that he had also seen the assault from her ownfield situated close to the place of the occurrence.
respectively.
First Information Report of the incident was lodged at 10.30 a.m.on the same day at P.S. Ratanpur situated at a distance of about 10kilometers from the place of the incident.
They are living separately inadjoining houses and their agricultural lands are also situatedadjoining to each other.
Larynx and trachea were cut.
An offence under Section302 IPC was registered and investigation companymenced.
Having been intercepted by the appellant he returned backto his field and told his brother Kamta PW 4 of what had happenedwith him.
Thefollowing external injuries were found on the person of RadheyShyam An incised wound on right face extending from lateral angle ofright eye 4 c.m.
At about 7.30a.m.,
On the appellant having escaped from thescene of the crime Baldau Ram requested Kartik Mochi to open thedoor.
Itwas forwarded to Forensic Science Laboratory, Sagar.
The dead bodywas smeared with mud, water and blood at several places.
Shyam Sunder, the accused appellant, isthe third one out of the five surviving sons of Ram Ratan.
We have, in the light of thesubmissions made by the learned Amicus Curiae, carefully examinedthe testimony of Baldau Ram.
on the arrival of Kamta PW 4 on the field he was returning tohis home.
Nathu Lal PW 1 and Ram Ratan are two real brothers.
Appellant Shyam Baldau Ram PW 2 , Kamta PW 1 and Radhey Shyam thedeceased who died in the incident are all sons of Nathu Lal, the elderof the two brothers.
Right external ear was cut at the level of triagesthroughout, underlying muscles and bone cut and fractured.
The factum of his having gone to his field for performing agriculturaloperations and engaging labour is something natural to do as he hadgone to his field from early morning, at about 5.30 a.m., accompaniedby his cattle to be left for grazing in or near the field.
He came out and reached near his brother Radhey Shyam only tofind him dead.
Esophagus was cut.
The assault on Radhey Shyam had taken place at about 8.00a.m.
There Baldau Ram saw the appellant standingarmed with a Tabbal and his father armed with an axe.
1 and 2were individually sufficient in the ordinary companyrse of nature to causedeath.
P.C. being drawn up against boththe parties.
By this timehis brother Kamta PW 4 had also reached the field to take workfrom the labourers.
The cause of deathin the opinion of Dr. Bajpai was shock and cutting of spinal companyd,cervical vertebrae and all major and minor blood vessels and nerveson left side and right side in the cervical region.
The companyviction rests on the ocular evidence of Baldau Ram PW 2 and Punni Bai PW 6 .
Spinal companyd was cut in cervical region.
downward and laterally placed transversely 11 x 1x 6 c.m.
On seeingBaldau Ram, the appellant tried to companye close to him.
The Tabbal was seized and kept sealed.
Injuries Nos.
Baldau Ram narrated what had happened with himto his brother Kamta PW 4 .
On 21.07.1985, at about 5.30 a.m., Baldau Ram PW 2 hadgone to his field for grazing cattle.
On internal examination Dr.Bajpai found that cervical vertebrae, underlying bone on right facewas cut and fractured.
and another 4 x05 x 1 c.m.
A few days before the death of Radhey Shyam there was yetanother incident in which the accused appellant and a few others onhis side were accused of throwing stones on the house of the deceasedand hurling abuses on the inmates of the house.
In the opinionof the Assistant Chemical Examiner, the Tabbal was found stainedwith blood.
Incised wound on left side of the cervical region extending fromthyroid cartilage from front to the back of neck and also extendingto right side of back of neck 25 x 13 x 8 c.m.
in diameter.
An appeal preferred by him was dismissed by the High Court.
C. Lahoti, J. The accused has been held guilty of an offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life by the Court of Sessions Judge, Bilaspur.
