One of the appeals was by Rajeram against his companyviction and sentence.
The Head Constable obtained a certificate of Dr. Gaikwad that Sitaram was in fit companydition to make a statement.
The High Court also placed reliance upon dying declaration Ex.
38 recorded in the dispen sary.
Radheyshyam, accompanied by two of the servants, Sadiq and Gaursha, went in a bullock cart to the fields.
So far as Rajeram accused appellant is companycerned, we find that it is in the evidence of Nathamal PW 1 that he had been fold by Ramdas accuser that Sitaram had been assaulted by Laxman.
Sitaram was found by Radheshyam and others lying in an injured companydition in a field.
The four companyvicted accused thereafter came up in appeal to this Court by special leave.
Injuries had also been caused to the kidneys and lungs.
The appeal filled by the State was accepted and the companyviction of the four companyvicted accused was altered to that under Section 302 read with Section 34 Indian Penal Code.
Twenty nine of the injuries were in the nature of companytusions, while one was a lacerated wound and four companysisted of abrasions.
In answer to another question about the weapons used by the assailants, Sitaram stated that he had been assaulted with axe and sticks.
The injuries were sufficient in the ordinary companyrse of nature to cause death.
9 at 6.15 p. m. In that report the names of the assailants of Sitaram were number mentioned.
The other appeal was by the State of Maharashtra praying that the companyviction of the accused should have been under Section 302 read with Section 34 instead of Section 325 read with Section 34 Indian Penal Code.
The bullock cart was driven by Gaursha.
Suka and Jyotiram in the fields.
Reliance was, however, placed by the trial companyrt upon the dying declaration Ex.
The trial companyrt was further of the view that, the case against the assailants fell under Section 325 read with Section 34 Indian Penal Code.
As many as 34 injuries had been caused to Sitaram.
The five accused were there after arrested.
1966, at about 4 p.m., when Nathamal went to the bazar in Kolhapur he was informed by Ramdas accused that Sitaram had been attacked by Jyotiram, Sukhdeo and Laxman accused in the fields.
The prosecution case is that Sitaram deceased was employed by Nathmal PW 1 as a watchman for his fields in the area of village Darapur near Kolhapur.
Each of them was sentenced to undergo imprisonment for life.
Some of the injuries had resulted in companypound fractures.
At the trial, the plea of the accused was denial simpliciter.
Postmortem examination on the body of Sitaram was performed by Dr. Annul Deshpande on December 10, 1966 at 3 p.m. in Amravati.
Ramdas was given the benefit of the doubt and acquitted.
Sitaram was thereafter taken in the bullock cart to the dispensary in Kohlapur where his injuries were examined by Dr. Shankar Gaikwad P.W. 4 .
The number and the nature of injuries caused to Sitaram were such as showed that the intention of the assailants was to cause his death.
Dr. Gaikwad found that the companydition of Sitaram was serious.
On the way, according to Sadiq PW 5 , he was told by Sitaram deceased that he had been injured by the four appellants.
There was one lacerated wound on left arm, while four injuries companysisted of abrasions.
Regarding the cause of the assault, Sitaram stated that Suka accused had cut jowar in the past and a report about that had been made by Sitaram.
sentenced as above.
The four appellants were accordingly companyvicted and.
On December 19, 9?
Sitaram was then put in the bullock cart and was taken to police station Kolhapur.
Sitarams companydition became serious there after.
He died at 9 p.m. when he was being put in the cart for being taken to Amravati.
The High Court was further of the opinion that the case against the companyvicted accused fell under Section 302 read with Section 34 Indian Penal Code.
On arrival at the police station Radheyshyam lodged report, Ex.
The injuries had resulted in the fracture of ribs, humerus, ulna and metacarpal bones.
The trial companyrt did number place any reliance upon the oral dying declaration which was alleged to have been made by Sitaram to Sadiq PW in the bullock cart.
Nathamal then told his son Radheyshyam PW 3 who is a student that he had been informed about the assault on Sitaram in the fields.
The dying declaration of Sitaram was also signed by Radheysham who was present at the time the dying declaration was recorded.
The Nagpur Bench of the Bombay High Court dismissed the appeal of Rajeram.
The doctor found 34 injuries on the body companysisting mostly of companytusions.
Head Constable Utamrao then came to the dispensary.
38 which had been recorded by Head Constable Utamrao in the dispensary.
In answer to the question as to who had assaulted him, Sitaram mentioned the names of all the five accused.
Dying declaration Ex 38 of Sitaram was then recorded by the Head Constable.
The dying declaration was in the form of questions and answers.
On appeal, the learned Judges of the High Court were of the view that the evidence regarding the oral dying declaration of Sitaram to Sadiq in the bullock cart was companyvincing.
R. Khanna, J. Five accused Laxman 30 , Suka Sukhdeo 40 , Jyotiram 40 , Rajeram 45 and Ramdas 28 were tried in the Court of the Sessions Judge Amravati under Section 302 read with Section 34 Indian Penal Code for causing the death of Sitaram 40 .
Two cross appeals were filed against the judgment of the Sessions Judge.
He accordingly sent an intimation to police station Kohlapur for recording the dying declaration of Sitaram.
