In the light of the companysistent evidence given by PWs.
Internal examination revealed cutting of 4th and 5th cartilages under the injury.
On the side of the defence, two Doctors were examined as DWs.
2 to 4 a number of other persons have seen the occurrence, but numberother independent witness came forward to give evidence supporting the prosecution.
One of the accused Anwar Ali A 3 pleaded alibi and he was acquitted and, therefore, the evidence of PWs.
Seven accused, namely, Sirajul Haq, Abdulas, Anwar Ali, Zainul Abdin, Yunus, Haroon and Baitullah, were charged under Section 147, 148, 302 read with Section 149, I.P.C. The case of the prosecution as culled out from the paper book is as follows On the fateful day the deceased Nabi Rasool.
2,3 and 4 deposed stating that Adulas A 2 gave a spear blow to Nisar Ahmad in his chest as a result of which he fell down and died instantaneously.
When all the accused were companycealing their presence behind a Masjid, which was on the eastern side of the house of Sirajul Haq accused.
He was taken later on to the Hospital where he died at 7.10 p.m. on 26.4.79.
The Trial Court on the issue of private defence held as follows I am, therefore, of the opinion that accused Haroon and other persons who caused injuries to the deceased acted within the ambit of right of self defence of person and they are number held to have companymitted any offence.
When PWs.
In the meantime, A 2 dealt a spear blow n the chest of Nizar Ahmad.
In addition to the above, the Trial Court also accepted the case of the defence that they caused the injuries to the deceased in exercise of their right to self defence.
PW.1 the Doctor who companyducted the post mortem of the deceased Nizar Ahmad, found the following ante mortem injury Punctured wound 3 cms.
Nabi Rasool ran with the injuries on his body and fell down in the room of one Mohd.
Coming to the self defence set up by the accused on the basis of injuries found on the body of the accused Haroon, the High Court found on an analysis of the evidence that numberody on the side of the deceased including witnesses had any weapon or lathi at the time of incident and they had number caused any injury to accused Haroon.
Hence, the appeal is prosecuted only by the remaining two accused, namely, Abdulas and Baitullah.
In any case, the High Court also found that when there is a direct evidence of eye witness against the accused the question of motive would plate into insignificance.
After the incident, PW.2, Informant, gave a Report and the FIR was lodged on the same day at 11.00 a.m. on the basis of the written report given by the Informant.
Hussain.
cartilages vertically and thoroughly.
Accused 5 to 7 surrounded Nabi Rasool and caused spear injuries to him.
Baitullah and Yunus stating that they seized Nabi Rasool and gave spear blows to him.
The occurrence, admittedly, took place during broad day light at about 10.00 a.m. and admittedly, apart from PWs.
Despite the stay ordered by the Trial Court, companystructions were going on and the Police had to be summoned in this companynection.
On the question of motive disagreeing with the learned Sessions Judge, the High Court found that the Haroon for injunction to restrain the accused Haroon from proceeding with the illegal companystruction on the land of Sarakat.
On this, the deceased raised alarms and ran towards the numberth of the Masjid, At that time PWs.2,3 and 4, who were sitting at the door of one Abdul Rashid, ran towards them.
On their pointing out he prepared a site plan in respect of the place of occurrence, recovered blood stained and ordinary earth from the place of occurrence and a recovery memo was prepared in respect thereof.
On account of that he fell down in the field of Mujibullah and died instantaneously.
The surface of chest wall was companygested under the injury 2.5 litres of blood was found in the chest cavity.
The margins of wound are quite sharp and gaping.
They also spoke about the role played by accused Haroon.
Mr. Lalit companytended that the motive suggested by the prosecution has number been established as rightly fond by the Trial Court.
On appeal by the State, the Trial Court admitted the appeal only against three accused, namely, A 2 Abdulas , A 6 Haroon and A 7 Baitullah .
So far as the death of Nabi Rasool is companycerned, we have already observed that Haroon and Baitullah are the persons responsible for his death.
On the basis of this finding, the Trial Court acquitted all the accused.
The High Court on a thorough reconsideration of the case and appreciating afresh the evidence both oral and documentary, differed from the findings given by the Trial Court.
2.3 and 4, the learned companynsel for the defence appears to have accepted the fact that the two deceased were injured on the date, time and place and also in the manner alleged by the prosecution.
The injury is situated by the side of sternal bone cutting 4th and 5th ribs.
Regarding the presence of PWs.2 of 4 at the scene of occurrence differing from the Trial Court, the High Court found that there was numberinconsistency in the statements of witnesses in respect of their presence at the house of Rashid and after carefully and closely examining the testimony of the witnesses on this point, the High Court found we feel that the evidence of the witnesses does number suffer from any inconsistency in respect of the place where they were sitting at the time of incident and the place from where they saw the incident though it companyld number be alleged that they were near the spot.
2 to 4 cannot be believed and the Trial Court rightly discarded their evidence, According to the learned companynsel, the acquittal by the Trial Court was based on a large number of circumstances and the High Court was number justified in reversing the acquittal and companyvicting the appellants.
Thereafter, he examined the prosecution witnesses.
2 to 4 and others rushed to save the victim the accused made good their escape.
1 and 2 to speak out about the injuries found on the body of accused Haroon.
x 2.5 cms.
x chest cavity deep over left side of chest 2 cms medial to left nipple, placed vertically, directed oblique medially and backward.
PW.6, a Sub inspector, reached the place of occurrence at 11.45 a.m. and prepared an Inquest Report and the dead body of Nisar Ahmad was sent to the mortuary.
Venkataswami, J. This appeal is preferred under section 379 of the companye of Criminal Procedure in companynection with a double murder which took place at about 10.00 a.m. on 26.4.79.
brother of informant in the case and another deceased Nisar Ahmed, companysin of the informant, were going from east to west in Chhithi village within Mahuli Police Station, Pasti, District.
