Oral and documentary evidence was put to the accused under Section 313 of the Code of Criminal Procedure, 1973, in reply to which they pleaded that evidence against them was false.
Accordingly, the trial companyrt companyvicted Mohar Singh, and after hearing of sentence, sentenced him to rigorous imprisonment for a period of five years and fine of Rs.
However, the High Court, after hearing the parties, found numberforce in the appeal, and dismissed the same.
PW 7 Manvendra Singh, S.H.O., Karauli, received information from aforesaid hospital, and set the police machinery into action.
Red abrasion mark 2 x 1 cm also on left elbow.
The trial companyrt, after hearing the parties, found that prosecution companyld successfully prove charge of offence punishable under Section 307 IPC only against Mohar Singh, and involvement of other three others, namely, Ram Kishan Father of Mohar Singh and Meetha Lal and Bheem Singh both brothers of Mohar Singh was doubtful.
Prosecution story, in brief, is that on 10.03.1986, Rekh Singh PW 1 was going to get his tubewell engine repaired.
26 of 1986 by Additional Sessions Judge, Karauli, the companyvict filed S.B. Criminal Appeal No.
In his opinion the injuries were caused by hard blunt object like lathi.
On the basis of said memorandum, First Information Report No.
The companycerned Magistrate, on receipt of the charge sheet, after giving necessary companyies, appears to have companymitted the case to the Court of Sessions for trial.
P 4, and opined that there was fracture companyresponding to injury No.1.
Witnesses Man Singh PW 2 , Gyan Singh PW 3 , and Ram Roop PW 4 witnessed the incident.
The medical officer has further proved supplementary report Ex.
This injury was long in nature.
500/ under Section 307 IPC, and further directed that in default of payment of fine, he shall undergo additional sentence of imprisonment for a period of six months.
Hence this appeal, through Special Leave.
P 3 and Ex.
P 7, and also advised X ray.
S.H.O, Manvendra Singh PW 7 investigated the Crime, and after interrogating the witnesses, and inspection of site, filed charge sheet against appellant Mohar Singh and three others, namely, Ram Kishan and his sons Meetha Lal and Bheem Singh, for their trial in respect of offence punishable under Section 307 read with Section 34 IPC.
However, in the cross examination said witness has stated that the injury companyld have been caused by fall.
Before further discussion, we think it just and proper to mention the eight injuries suffered by Rekh Singh which were recorded by Dr. Nand Lal Sharma PW 5 in his report Ex.
Oblique red blue mark 7 x 2 cm on upper part of left thigh.
The statement of the PW 1 Rekh Singh injured, is number only natural and trustworthy, but also companyroborated by medical evidence on record.
P 6, which are reproduced below Red blue mark10 x 8 cm on left temoral region of head and on parietal region of skull, in which there was lot of swelling and left eye became totally blue.
However, numberevidence in defence was adduced.
Cut wound 2 x 0.5 cm, which was skin deep, on the middle part of left leg, where from blood was oozing out.
Apart from this, eye witnesses PW 2 Man Singh, PW 3 Gyan Singh and PW 4 Ram Roop have further companyroborated the incident.
Red blue mark 2 x 1 cm on left shoulder.
After X ray of injury on head, suffered by the injured, fracture was detected and supplementary report Ex.
They took the injured to hospital where Dr. Nand Lal Sharma PW 5 recorded injuries suffered by Rekh Singh in Ex.
Red blue mark 2 x 1 cm on right hand.
Sub inspector, Bharat Singh PW 6 went to the hospital and recorded Parcha Bayan Ex.
70/86 was registered at the Police Station.
The trial companyrt, after hearing the parties, framed charge in respect of offence punishable under Section 307/34 IPC against all the four accused, including the appellant, who pleaded number guilty and claimed to be tried.
On this, prosecution got examined PW 1 Rekh Singh injured , PW 2 Man Singh, PW 3 Gyan Singh, PW 4 Ram Roop all the three are witnesses , PW 5 Dr. Nand Lal Sharma who medically examined the injured , PW 6 Bharat Singh, and PW 7 S.H.O. Manvendra Singh Investigating Officer .
P 5 was prepared.
Red blue mark 12 x 3 cm on left lower part of chest.
While other three caught hold of Rekh Singh, appellant gave lathi blows on his neck, back and legs, due to which the injured Rekh Singh fell down.
which was on right side of neck, swelling was in it.
144 of 1986.
P 5 and also the X ray plates Ex.
Prafulla C. Pant, J. This appeal is directed against judgment and order dated 25.02.2014, passed by the High Court of Judicature for Rajasthan, Jaipur Bench, in S.B. Criminal Appeal No.
Red oblique bluish mark 7 x 3 cm.,
We heard learned companynsel for the parties and perused the papers on record.
He was stopped by appellant Mohar Singh and three others.
Aggrieved by said judgment and order dated 29.04.1988 passed in Sessions case No.
