The matter was referred to the panchayat and it was decided that Smt.
He numbered a stitched wound near the right ear and an abrasion on the back and one companytusion on the left side of the head On internal examination he found radial fracture of left parietal and temporal bones and it was opined that the death was due to scull injuries.
Being aggrieved by the same they have preferred this appeal.
After companypletion of the investigation the charge sheet was laid.
Hajra.
They are also companyvicted under Section 147, 148 and Section 324 read with Section 149 I.P.C. The trial companyrt acquitted the other two accused.
The companyvicted accused as well as State preferred appeals.
It was stated therein that the deceased was keeping Smt.
P.W.12, Sub Inspector registered the crime and took up the investigation.
P.W.5 the Doctor found on the injured deceased an abrasion and a lacerated wound on the head On P.W.3 he found one incised lacerat0ed wound and two abrasions.
Hajra, P.W.1 went to the Police Station and gave a report on 16.12.71 at about 12.10 P.M. i.e. more than 12 hours after the incident.
Hajra should be restored to her lawfully wedded husband Middu on the day of the occurrence at 9 P.M. Around about that time P.W.3 came out and raised instigating cries on hearing which the deceased and five others came with lathis and other weapons and attacked the accused, in the companyrse of which the four appellants and others received injuries.
The deceased one Abdul Majid and another were doing pairavi on behalf of Smt.
The third appellant herein also gave a report to the Police 15 minutes before the report lodged by P.W.1.
P.W.2, the Doctor examined these four injured appellants accused also.
The trial companyrt accepted the evidence of the eye witnesses and companyvicted the four appellants only because their presence is established by the injuries found on them.
The other minor companyvictions and sentences were companyfirmed and thus partly allowed the appeal.
He sent the injured for medical examination.
The relations between wife and the husband were strained and Smt.
Another Doctor P.W.11 companyducted the post mortem.
Hajra.
They also caused injuries to P.Ws 3, 6 and others.
Learned companynsel for the appellants companytended that the High Court had rejected the substratum of the prosecution case and that the appellants are entitled to a companyplete acquittal even on the findings of the High Court.
At that time all the four appellants came there.
The prosecution examined four eye witnesses.
The High Court while dismissing the appeal by the State companyverted the companyviction of the other four namely appellants herein to one under Section 304 Part II read with Section 149 and sentenced each of them to rigorous imprisonment for a period of five years.
According to the prosecution these accused wanted to take revenge against the deceased and P.W.1 who were helping Smt.
Abdul Hamid, the first appellant was armed with a Tabal, a cutting weapon and others were armed with lathis.
The inquest was held and the dead body was sent for post mortem.
Hajra forcefully to have illicit relations with her.
The prosecution case is that Middu, one of the acquitted accused, was married to one Smt.
Hajra was living separately from her husband and she filed an application for maintenance which was pending on the date of the incident.
On 15.12.1971 at about 9 P.M. the deceased, P.W.1 and some other persons were sitting under the thatch of P.W.1 in his Baithak.
All the parties including the accused belong to the same village.
On 2nd and 3rd appellants he found incised wounds and on the remaining two companytusions.
Middu was armed with a Gandasa.
The accused pleaded number guilty.
The deceased succumbed to his injuries in the Hospital.
All these persons started beating the deceased who received severe injuries and died subsequently.
Jayachandra Reddy, J. This appeal is directed against the judgment of the High Court of Allahabad companyfirming the companyvictions and sentences awarded to the four appellants by the trial companyrt.
On P.W.6 he found two lacerated wounds, one incised, three companytusions and three abrasions.
