It may well have said that in view of the companyent, clear and companyvincing evidence of the Doctor P.W. 10 , the companyclusion was inescapable that the story of this dying declaration had been falsely fabricated by the P. Ws.
The deceased and his companyaccused P.W. 1 had been released on bail.
The dimensions of the wound were 51/2X1/2X11/2 extending from frontal suture to the occipital suture, l left lateral and parallel to midline.
All the five witnesses, namely, P. Ws.
Purshottam, Badrilal appeallants and their companyaccused Bansilal gave blows to Kanahiya on the head, while the remaining accused were shouting kill him kill him.
The appellants and Bansilal and three other accused were armed with Pharsis, Ramkaran was carrying a gun.
They removed Kanahiya to his house, and administered him water.
1 to 5.
The prosecution story as narrated at the trial was that on June 27.
this injury which had been caused with a sharp weapon, companyld number be caused by two simultaneous strokes blows.
Thereupon the deceased made a dying declaration before the witnesses that Purshottam, Badrilal and Bansi had beaten him with Pharsis, while the rest armed with lathis had surrounded him The deceased died on his way to Nalkheda Hospital.
There has been criminal litigation between these factions.
The reason given by P.W. 10 for this opinion, was that he found only one external cut wound and there were numberlacerations or indents.
In village Tolkyakhedi, there are two warring factions, one led by Shivlal P.W. 3 and the other by Purshottam appellant.
On hearing the alarm raised by P.W. 1 and P.W. 2, Shivlal P.W. 3 , Nanda P.W. 4 and Rameshwar also reached the spot.
P.W. 1 and P.W. 2 however, companysistently claimed to have witnessed the entire occurrence.
Purshottam and Badrilal who are brothers, are number the appellants before us by special leave under Article 136 of the Constitution.
Mohan P.W. 8 and others also went to the spot.
P.W. 10 further explained that revival of companysciousness by the deceased after receiving this injury was number possible because the injury must have caused companycussion followed by companypression of brain.
1973 at about 4 p. m., deceased Kanahiva accompanied by Shri Krishan P.W. 1 and Poona P.W. 2 was returning from the fields.
The culprits then fled away.
The police had also initiated security proceeding against the two parties.
The flow of blood from sinuses over the brain matter must have paralysed the whole brain system.
while the rest were armed with lathis.
At the trial, however, they took up the position that they had reached the scene of occurrence just after the incident, when all the accused were still present on the spot, variously armed.
In the opinion of the Doctor P.W. 10 .
On September 6, 1972, about 9 or 10 months before the murder in question, Radhye Shyam son of Badrilal appellant was murdered, and Kanahiya deceased, Shri Krishan P.W. 1 son of Shivlal P.W. 3 along with others were being prosecuted for that murder.
When he reached near the habitation of the village, the 16 accused persons variously armed companyfronted them.
In their earlier statements recorded under Sections 161/164, Criminal Procedure Code, P.W. 3, P.W. 4 and P.W. 5 claimed to be full fledged eye witnesses of the occurrence.
P.W. 10 further testified that in his opinion, after receipt of this fatal injury on the head, the victim must have immediately lost companysciousness and companyld number have regained companysciousness or spoken anything till his death.
Dr. K. C. Jain P.W. 101 who performed the autopsy found only one external cut wound on left parietal area of the deceased.
1 to 5 and also P.W. 8 stated that the deceased after his removal to his house and administration of water made a dying declaration that the three accused Badrilal, Purshottam and Bansilal had caused him the injuries.
All these five P. Ws.
As numbericed by the companyrts below, these witnesses had the temerity to implicate all the able bodied relations and members of the family of Purshottam and Badri appellants.
were close relations and partisans of the deceased.
