On the front and on the back just above the wound No.
In the opinion of the Assistant Chemical Examiner, the Tabbal was found stained with blood.
and another 4 x 05 x 1 c.m.
There was a big gap between skin flaps.
Baldau Ram PW 2 , Kamta P 4 , Radhey Shyam the deceased and their one more brother Jai Lal, in all the four brothers, were also facing prosecution under Section 325 IPC for causing injuries to Shyam Sunder the accused appellant and his mother Ram Kali.
1 and 2 were individually sufficient in the ordinary companyrse of nature to cause death.
downward and laterally placed transversely 11 x 1 x 6 c.m.
However, the partition had resulted into the feelings between the two brothers and their respective family members being strained so much so that at about 4 5 years prior to the date of this incident, there was another incident, which had resulted in proceedings under Section 107 Cr.
Back end of the wound was 9 c.m.
Incised wound on left side of the cervical region extending from thyroid cartilage from front to the back of neck and also extending to right side of back of neck 25 x 13 x 8 c.m.
Long before the incident, Nathu Lal and Ram Ratan had separated by effecting a partition of their residential house as also of the agricultural land.
A few days before the death of Radhey Shyam there was yet another incident in which the accused appellant and a few others on his side were accused of throwing stones on the house of the deceased and hurling abuses on the inmates of the house.
All the structures including muscles, blood vessels, nerves, trachea, esophagus and cervical vertebrae were cut and torn badly.
2 there was an incised wound of the size of 5 x 0.5 x 05 c.m.
The appellant was arrested on the same day.
Baldau Ram PW 2 , Kamta PW 4 and Radhey Shyam the deceased who died in the incident are all sons of Nathu Lal, the elder of the two brothers.
On 21.07.1985, at about 5.30 a.m., Baldau Ram PW 2 had gone to his field for grazing cattle.
downward and back ward from right pinna.
Shyam Sunder, the accused appellant, is the third one out of the five surviving sons of Ram Ratan.
Kamta PW 4 supports this part of the version.
Baldau Ram narrated what had happened with him to his brother Kamta PW 4 .
On seing Baldau Ram, the appellant tried to companye close to him.
The dead body of Radhey Shyam was sent to Civil Hospital, Bilaspur where autopsy was performed by Dr. A.N. Bajpai, Assistant Surgeon.
respectively.
The Tabbal was seized and kept sealed.
At about 7.30 a.m., on the arrival of Kamta PW 4 on the field he was returning to his home.
An offence under Section 302 IPC was registered and investigation companymenced.
At one point of time Nathu Lal and Ram Ratan were living together, also having joint cultivation.
The following external injuries were found on the person of Radhey Shyam An incised wound on right face extending from lateral angle of right eye 4 c.m.
The companyviction rests on the ocular evidence of Baldau Ram PW 2 and Punni Bai PW 6 .
Ram Ratan, the younger brother, had six sons of whom one had died earlier.
Spinal companyd was cut in cervical region.
Nathu Lal PW 1 and Ram Ratan are two real brothers.
By this time his brother Kamta PW 4 had also reached the field to take work from the labourers.
Having been intercepted by the appellant he returned back to his field and told his brother Kamta PW 4 of what had happened with him.
An appeal preferred by him was dismissed by the High Court.
This appeal has been filed by special leave.
There Baldau Ram saw the appellant standing armed with a Tabbal and his father armed with an axe.
They are living separately in adjoining houses and their agricultural lands are also situated adjoining to each other.
We have, in the light of the submissions made by the learned Amicus Curiae, carefully examined the testimony of Baldau Ram.
On internal examination Dr. Bajpai found that cervical vertebrae, underlying bone on right face was cut and fractured.
Esophagus was cut.
Sowing operation was going on.
The cause of death in the opinion of Dr. Bajpai was shock and cutting of spinal companyd, cervical vertebrae and all major and minor blood vessels and nerves on left side and right side in the cervical region.
The assault on Radhey Shyam had taken place at about 8.00 a.m. First Information Report of the incident was lodged at 10.30 a.m on the same day at P.S. Ratanpur situated at a distance of about 10 kilometers from the place of the incident.
The dead body was smeared with mud, water and blood at several places.
The Assistant Serologist and Chemical Examiner later opined that the blood found on the Tabbal was human blood.
All the injuries were anti mortem.
P.C being drawn up against both the parties.
There were a few labourers on his field.
On his information companytained in a statement, admissible in evidence under Section 27 of the Evidence Act, a Tabbal was recovered from a place near the nala where he had hidden it.
Larynx and trachea were cut.
Injuries number.
He was returning at about 7.30 a.m. through a path passing by the side of the field of the accused appellant.
It was forwarded to Forensic Science Laboratory, Sagar.
Right external ear was cut at the level of triages throughout, underlying muscles and bone cut and fractured.
Wound was curved downward below the right external ear.
