The charge was sought to be substantiated by three categories of evidence 1 evidence of Hiralal Sutar and Babu Shaikh, both of whom claimed to be eye witnesses to the incident resulting in the death of the deceased and injuries to Babu Shaikh 2 evidence of dying declarations made by the deceased before Dinkar Khunte and Police Patil Madhavrao Dhayagude and 3 evidence of recovery of bloodstained clothes from accused Nos.
1, 2 and 3.
Madhavrao Dhayagude was awakened at night at about 12 p. m. by Dinkar Kunte and Hiralal Sutar and he was told by Dinkar Kunte that the deceased was lying injured as a result of an attack by accused Nos.
1 and 3 suddenly came running from the companyner of the hedge and assaulted the deceased.
The evidence of Hiralal Sutar to the effect that accused Nos.
2 going inside the house and then after companying out, informing these three persons that accused No.
1, 2 and 3.
2, who was then serving fodder to the cattle, went inside the house and companying out after a while, he told the deceased, Babu Shaikh and Hiralal Sutar that accused No.
1 was number inside the house and then he offered them tobacco and after chewing the tobacco for a short while, all the four started walking back to the road when accused Nos.
1, 2 and 3.
1 was number at home and then walking back to the road along with them.
which was narrated in his evidence by Hiralal Sutar before the Court, was number to be found in his statement before the police and this, in the submission of accused Nos.
The State preferred an appeal against the acquittal and the High Court, which heard the appeal, came to the companyclusion, on a review of the evidence, that the view taken by the learned Additional Sessions Judge was unreasonable and the evidence led on behalf of the prosecution was sufficient to establish the guilt of accused Nos.
1 and 3 attacked the deceased and caused his death is also supported by the dying declaration made by the deceased before the police patil Madhavrao Dhayagude.
1 and 3 assaulted the deceased with axe and killed him.
3 gave an axe blow on the left arm of the de ceased, while accused No.
The learned Additional Sessions Judge was number satisfied with this evidence and taking the view that it suffered from companysiderable discrepancies and improbabilities, he acquitted all the accused.
1 and 3 emerged suddenly from the darkness from the back side and came running and attacked the deceased.
1 gave an axe blow on his abdomen and the latter injury resulted in his death.
1 to 3 in the Trial before the Additional Sessions Judge, Satara, were charged under Section 302 read with Section 34 of the Indian Penal Code for the offence of intentionally causing the death of one Malhari hereinafter referred to as the deceased and Section 324 read with Section 34 of the Indian Penal Code for the offence of voluntarily causing hurt to one Babu Shaikh.
who were accused Nos.
N. Bhagwati, J The appellants.
1 and 3, therefore, tried to attack the veracity of this witness by trying to suggest that there was enmity between him and the accused.
