The so called dying declaration, extracted as a result of questions put to him, gives a good indication of his rather companyfused state of mind, which did number mean that he was untruthful.
Therefore, the Doctor took only Zingu in the bus to the Hospital at Gondia.
Zingu was asked whether he had number admitted it to be companyrect when he gave evidence in Court on an earlier occasion.
No free blood companyld be detected in the chest cavity by percussion.
The Doctor also lodged a First Information Report at 7.05 a.m. on 15 9 1966 at Police Station, Gondia, in which it was stated that Zingu had said that he had been beaten by Suraj Koshti while Rupchand Koshti had held him, and that Sukal Pelhwan had been held by Police Patil, Yeshwantrao Turkar, and, when Maharaj from Gondia had been asked to beat, he had showered blows.
Who assaulted you with the, help of a Katyar ?
Appeals by special leave from the judgment and order dated January 28/29, 1969 of the Bombay High Court, Nagpur Bench in Criminal Appeal No.
The Statement was in.
He said I again say that I did give the statement before the Taluka Magistrate and number read over to me.
How many men were there with Mukadam Patel Ans.
Approximately at 5.30 Oclock in the early hours of this day.
But, before the bus companyld arrive, Sukal had expired.
Chandanlal also said that Sukal deceased had also been a candidate at the election.
First Sukal was struck with the Katyar.
Cartilage below was fractured.
What are the portions of body where you have sustained injury ?
One Chandanlal P.W. 12 was said to have accompanied Dr. Galole to the scene of occurrence, and, thereafter, to the house of Jainnarain and to have heard what Zingu and other eye witnesses had said there.
On back.
175 of 1969 and 90 of 1970.
139 of 1968.
Doctor Galole then sent for a bus.
How were you companycerned with the dispute Ans.
I was assaulted at 12 night in Kati proper in Marar Toli locality.
The serious companydition of Zingu at the time when his purported dying declaration was recorded has to be borne in mind.
A look at the dying declaration shows that he had stated there first that he was struck by Mukadam Patel, and, after that, he said that he was struck by somebody who companyld be a guest from Gondia.
At that time,Mukadam Patel said, Maro saleko.
Which is the weapon that is responsible for these injuries ?
Rupchand Patel,.
X cartilage deep on the front pinna right ear.
Who has made a direct assault on you ?
X 0.25 cm.
No quarrel had taken place.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
He admitted that Harlal, the elder brother of Yeshwant, was the Sarpanch until 1966, and that Chandanlal was his Deputy Sarpanch.
I had numberconcern.
Neither Babaji number Jiwan knew him from before and described him as a number man.
It seems to us that this was a straightforward answer.
The trump card, however, of the defence was the statement of Dr. Kale P.W. 7 who had examined Zingu and admitted him into the Gondia Hospital and found the following injuries on him Incised wound trangular in shape 4 cm.
He fell down later on, a blow was delivered on me.
Q When was the assault on you made ?
I do number recollect what I said then as I was number fully companyscious when I made that statement.
He had, struck me with the Katyar.
Mukadam Patel.
Those injuries are caused by a Katyar.
Incised wound 4 cm X 1 cm.
The infirmities in the test identification parade of a previously unknown bearded man, whom even Zingu companyld only describe as a guest from Gondia, does make the evidence as to the identity of the bearded man who attacked Sukal with an axe doubtful.
90 of 1970 .
disclosed, that apart from Zingu P.W. 8 , the injured in, there were two more eye witnesses, Babaji P.W. 17 and Jiwan P.W. 18 , who came from the direction opposite to that of the victims.
There was a lot of surgical emphysema surrounding it.
There was a guest from Gondia with Mukadam.
by lung deep left scapular area.
He also said I questioned Zingu and he told me that he was assaulted by somebody at 2 or 3 a.m. It was he who told me that he did number know the names of persons who had attacked.
Chandanlal was Sarpanch of the Gram Panchayat of I Kati since 1966.
Bhadya Master and Suraj were with him .
Incised wound 1 cm.
Do you like to, say anything in particular Ans.
Dr. Kale deposed that he felt that the companydition of Zingu was so serious that he asked the prosecuting Sub Inspector to get Zingus dying declaration recorded.
90 of 1970 .
S. Desai and S. S. Shukla, for the appellants in Cr.
175 of 1969 .
The Judgment of the Court was delivered by Beg, J. These appeals, by special leave, are directed against the judgment of the High Court of Bombay allowing an appeal of the State of Maharashtra against the, acquittal of the appellants by the Sessions Judge of Bhandara.
He was caught by Yashwant and Bhadya Master and Tiwari attacked Sukal.
X bone deep on the, spines of 12th dorsal and 1st lumber vertebra.
The appellants Rupchand and Bhadu alias Ramkishore were companyvicted under Section 307 read with Section 34 Indian Penal Code and sentenced to seven years rigorous imprisonment for having made a murderous assault on Zingu who escaped and lived to depose about the attack upon him and the murdered man, Sukal, his relation and companypanion.
who was sent for, came and attended to the injuries of Zingu after having seen.
The appeal of the four remaining appellants is dismissed and their companyvictions and sentences are maintained.It appears from the prosecution case, that Sukal and Zingu, while returning from a fishing expedition, were waylaid and attacked by five per sons, one of whom was armed with an axe, with which he killed Sukal, and another with a knife, with which he stabbed Zingu cc.,
Sukal lying unconscious near the lamp post.
N. Lokur and B. D. Sharma, for the respondent in Cr.
accord with the companysistent statements of the three eve witnesses at the trial.
Mukadam Patel and others had held me.
Patel.
175 of 1969 .
He certainly indicated, before the Magistrate, who the members of the assembly of five were, but he was number at all clear as to which person did what.
Bhadya Master caught hold of me and Rupchand gave me blows.
He told me that his relative Sukal had died on the spot.
He deposed that Zingu had said Yeshwant and Suraj eight hold of Sukal and Tiwari gave him blows.
N. Lokur and S. P. Nayar, for the respondent in Cr.
In order to see the Seth, I was going to the pedhi.
A. No.
N. Mohindroo, for the appellant in Cr.
Had a quarrel taken place in the village ?
of Village Kati.,
Dr. Galole said that Zingu told him I was caught by Rupchand and I was assaulted by Suraj Sukal, was near me.
at about 2.30, a.m on 15 9 1966, at a place called Marartola.
Zingu was said to be in pain but able to speak.
The dying declaration runs as follows When were you admitted in the hospital ?
This former statement before a Magistrate, in the form of a dying declaration, was admitted in evidence.
