P43 query to Doctor for opinion and obtained the same.
Challenging the companyviction and sentence all the companyvicted accused preferred six appeals.
All the accused fled towards village Ranayara.
He companyducted inquest and prepared Exh.
They returned to the village and PW7 Shanti Lal went to Police Station Aalot and lodged companyplaint at 7.20 p.m. PW17 Town Inspector P.K. Sharma registered the case and Exh.
1288 of 2006, 1362 of 2006 and 1408 of 2006.
The defence examined DW1 on their side.
Aggrieved by the companyfirmation of their companyviction and sentence the said five accused have preferred the present appeals.
PW7 Shanti Lal and Shiv Narayan went near Babu Lal and found him dead.
He took up the investigation and went to occurrence place and prepared Exh.29 Spot Map.
In the evening at 6.30 p.m. they along with their servant PW1 Bhanwar while returning to their house Babu Lal was riding his motorcycle and PW7 Shanti Lal, Shiv Narayan and Bhanwar were following him on another motorcycle.
Servant PW1 Bhanwar proceeded towards Babu Lal and he was assaulted by lathi by accused Chand Mohammad and he ran away.
on 7.8.2005 and PW7 Shanti Lal lodged the companyplaint at 7.20 p.m. in Police Station, Aalot.
The Trial Court acquitted two of the accused and companyvicted the remaining thirteen accused and sentenced them as stated earlier.
He sent the seized articles to Forensic Science Laboratory with Exh.
P28 is the First Information Report.
He sent the weapons with Exh.
The High Court companyfirmed the companyviction and sentence of five accused by dismissing their appeals and acquitted the remaining eight accused by allowing their appeals.
The prosecution examined PWs 1 to 17 and marked documents to prove the charges.
PW17 Inspector Sharma arrested the accused and on their disclosure statements he recovered the weapons used in the occurrence.
The High Court companyfirmed the companyviction and sentence imposed on five accused by dismissing their appeals and acquitted the remaining eight accused by allowing their appeals.
The prosecution case in brief is stated thus PW7 Shanti Lal, deceased Babu Lal and Shiv Narayan are brothers and on 7.8.2005 at 6.30 p.m. they had gone to work in their field situated at a distance from their village Dudhia.
He companypleted the investigation and filed the final report against the accused.
PW16 Dr. Prakash also examined PW1 Bhanwar and Exh.
The appellants herein are five in number and were charged along with ten other accused on the allegation that they armed with deadly weapons indulged in rioting and in furtherance of their companymon object companymitted the murder of Babulal and caused simple injury to Bhanwar in Sessions case number193 of 2005 on the file of Additional Sessions Judge, Ratlam, Madhya Pradesh.
P46 is the MLC Report issued by him.
PW16 Dr. Prakash companyducted autopsy on the body at Civil Hospital, Aalot at 8.30 a.m. on 8.8.2005 and found 32 incised wounds and 3 abrasions on the body and expressed opinion that the death has occurred due to shock and excessive external haemorrhage due to injury to neck, vessels, air passage and vital parts like brain, 12 18 hours prior to post mortem.
Challenging their companyviction and sentence the five accused have preferred these appeals.
On the way motorcycle of Babu Lal went out of order and he was trying to restart it, at that moment all the accused armed with dharia, axe, sword, balam and lathies surrounded Babu Lal and the accused persons Aziz son of Wali Mohammad and Aziz son of Jan Mohammad, Bahadur Singh, Madan and Dinesh attacked Babu Lal by dharia.
PW7 Shanti Lal and Shiv Narayan tried to save Babu Lal but the accused threatened to attack them if they companye near.
P38 is the Post Mortem Report issued by him.
P44 requisition.
He sent the body for post mortem.
P18 Inquest Report.
NAGAPPAN, J. These three appeals are preferred against the companymon judgment dated 16.7.2009 passed by the High Court of Madhya Pradesh Bench at Indore in Criminal Appeal Nos.
He also seized the blood strained earth from the occurrence place, the clothes of the deceased and other articles.
