PW 4 Ramsakhe was also declared hostile when he deposed that Babulal had caused head injury to the deceased by musal.
A case was registered in relation thereto.
She also in her cross examination accepted that she had number seen whether Prakash gave a lathi blow to the deceased or number.
He allegedly started vomiting blood and bleeding from his head also started.
He died on 2nd March, 1986, whereupon the offence was altered to one under Section 302 of the Indian Penal Code.
Ramkishan was taken to Gwalior Hospital for further treatment.
The said internal injury was found by opening the four stitches of 4 c.m.
The learned Trial Judge as also the High Court principally relied on the testimony of PW 3 Savitri.
The State did number prefer any appeal thereagainst.
She further stated that Prakash came from behind and inflicted lathi blows on his back as a result whereof also he became unconscious.
Babulal who is said to have assaulted the deceased on his chest by a musal, which is a hard and blunt substance had since been acquitted by the learned Trial Judge as numbersuch injury was found on the person of the deceased.
In the post mortem examination only one injury was found to have been suffered by the deceased.
The learned trial judge opined that there was hardly any evidence against Prakash.
On her intervention as also that of Ramsakhe, Nandkishore, Nathuram, Prakash is said to have inflicted a lathi blow on her head.
In the FIR, it was alleged that on 28.2.1986 at about 7.45 a.m. all the three accused persons armed with axe, lathi and musal came to their house.
According to the said witness, the wound was caused by striking with a hard, heavy and blunt object.
PW 1 Nathuram and PW 2 Nandkishore were declared hostile.
Savitri, wife of Nathuram PW 3 allegedly rushed to save him.
They asked the deceased Ramkishan number to companystruct wall on their land and to do so on their own.
Ramkishan asserted that the land belonged to him whereupon the Appellant herein is said to have been given a blow by axe on his head.
Babulal is said to have given a blow on the deceased by his musal on his chest.
The post mortem examination on the dead body was companyducted by Dr. B.K. Diwan PW 16.
He was the elder brother of the deceased Ramkishan.
According to her, after the assault by axe on the head of the Ramkishan allegedly caused by the Appellant, he although fell down, Babulal inflicted a musal blow on his chest due to which only he became unconscious.
It was, therefore, opined by the Trial Court that Prakash and Babulal had numberrole to play in the companymission of the offence.
In his cross examination, he stated The said wound may occur due to falling on heavy object.
She allegedly was assaulted by Prakash by inflicting lathi blow on her head and shoulder.
It, however, appears that Babulal had also suffered an injury.
They were, thus, acquitted.
The Appellant allegedly assaulted the deceased by the sharp side of the axe.
It was so stated by PW 3 Savitri.
It may cause also due to falling on lying Phawara or heavy stone.
A case was instituted against the accused persons named in the F.I.R. under Sections 324 and 506 of the Indian Penal Code.
B. SINHA, J. The Appellant along with one Prakash and Babulal was prosecuted for companymission of an offence under Section 302 of the Indian Penal Code.
A First Information Report FIR was lodged by Nathuram PW 1 .
