9 made by Antarjami, the evidence of the eye witnesses becomes improbable, and is in fact falsified.
When Ghansham opened the door, the accused Banshi stabbed Ghansham on the chest as a result of which Ghansham fell down and died.
9 recorded by Dr. Mohanty on 3 12 1968 at the hospital.
From the Judgment and Order dated 2 11 1973 of the Orissa High Court in Govt.
After the usual investigation, police submitted charge sheet against all the accused persons who were tried by the Sessions Judge with the result mentioned above.
One of the main companysiderations which swayed with the trial Court in companying to this companyclusion was that in view of the dying declaration Ex.
It appears that shortly before the date of occurrence, there was a partition suit between the parties in respect of certain properties enjoyed by accused Banshi and Ghana.
The High Court while endorsing the findings of the Trial Court that numberreliance companyld be placed on the eye witnesses appears to have founded the companyviction of the appellants mainly on the basis of the dying declaration Ex.
53 of 1974.
On hearing the alarm, the other deceased Antarjami who was brother of Ghansham went to the spot and he was also assaulted by the accused persons.
The Trial Court after companysidering the evidence acquitted all the accused of the charges framed against them.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Mookherjee and B. P. Parthasarthi for the Respondent.
S. Chitle, and U. P. Singh for the Appellant.
The appellants along with other accused person were tried before the Sessions Judge under s. 302/149 for causing murder of two persons namely Ghansham and his brother Antarjami.
Appeal No.
Hence this appeal before us.
10/1971.
Thereafter the State of Orissa filed an appeal before the High Court against the order of acquittal passed by the Sessions Judge and in the said appeal the High Court reversed the judgment of the Sessions Judge so far as the appellants were companycerned and companyvicted and sentenced them as indicated above.
The Judgment of the Court was delivered by FAZAL ALI J. This appeal under s. 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act 1970 is directed against the judgment of the High Court of Orissa dated 2 11 1973 companyvicting the appellants u s. 302/149 of Indian Penal Code and sentencing them to imprisonment for life.
The learned Sessions Judge also disbelieved the dying declaration as it was inconsistent with the oral evidence.
This occurrence had taken place near about 7.00 a.m. F. I. R. was sent to Bramhagiri Police Station where it was lodged and a case was registered.
On 2 12 1968, according to the prosecution, the accused persons armed with lathis, Bhusas and valies came to the house of the deceased Ghansham and called him out.
