They were also tried for offences punishable under Sections 323 and 324 I.P.C. for causing hurt to PWs 1, 2,4, 5 and 6.
P.W. 9 and P.W. 4 were staying with their brother Babumiya in a family house which was also claimed by the accused Nos.
The other accused also came on the spot having armed themselves eith sticks.
Accused No.
In the companyrse of the same occurrence P.Ws.
3,4 and 9 are some of the important witnesses.
He found a punctured wound 1/4 x 1/6 in size and oval in shape over the anterior aspect of the left side of the chest and there were two abrasions.
The plea of the accused was of total denial.
P.W. 9 is the brother of P.W. 4.
Before the Additional Sessions Judge, nine accused were tried for offences punishable under Section 147, 302, 307, 148 read with Sections 149 and 109 I.P.C. and Section 25 1 a of the Indian Arms Act.
Accused Nos.
The Doctor treated them.
By that time P.Ws.
It is alleged that at that point of time accused No.
Accused No.
1 and 3 also received injuries but the injuries are said to be superficial.
1 held P.W. 9 by his throat and started throttling him.
3 brought a Danti.
One of the brothers Abbasmiya was living separately.
The prosecution examined 18 witnesses.
A case was registered, investigation was companymenced and a charge sheet was filed.
On the day of occurrence, accused Nos.
Then accused No.
2 inflicted a knife blow on the abdomen of the deceased and the deceased fell down.
The Doctor opined that the injuries were ant mortem and resulted in death.
On June 1, 1975 at about 10 p.m. in Sipaawida Village Ahmedabad District it is alleged that all these accusedrespondents were members of an unlawful assembly with the companymon object of taking possession of the house forcibly from the possession of PWs 4, 9 and others.
The Doctor who companyducted post mortem on the deceased found a knife injury on the stomach.
They alongwith their another brother Babumiya were staying at Sipaawida.
3 who is the son of accused No.
1 and 2 who were the uncles of P.W. 9, PW.
2 also came there.
2, 5, 8 and the deceased Javidmiya also came there and they tried to intervene.
It is also alleged that P.W. 5 also received injuries.
The deceased was then removed in a private car to Ahmedabad.
He also found an incise wound 2 1/2 x 1/2 going deep upto the abdomen.
1 inflicted a spear blow on the chest of deceased Javidmiya and accused No.
1 went inside the house and brought a spear and accused No.
On exchange of abusive words the accused went near their house and started threatening them.
1, 2 and others.
Jayachandra Reddy, J. This appeal has been filed by the State against the judgment of the High Court of Gujarat companyfirming the order of acquittal passed by the Additional Sessions Judge, Ahmedabad Rural .
2 took out a knife from his pocket and inflicted an injury on P.W. 4.
The deceased, however, expired.
1 and 2 were very much insisting to take possession of the family house which was occupied by P.W. 9, P.W. 4 and Babumiya but PWs .9 and 4 were number parting with the possession.
Accused No.
4 and Babumiya came near the house of P.W. 9 and they starting abusing them.
