The matter was carried in appeal by the accused persons.
Apart from PWs.
The deceased in injured companydition was taken to the hospital, and later he succumbed to the injuries.
Several circumstances were highlighted to attach vulnerability to the prosecution version.
His presence companyld number have been numbered by PW 4 who lodged FIR and therefore, number mention of his name in the FIR is the natural companysequence.
Background facts as highlighted by the prosecution version sans unnecessary details are as follows On the fateful day at about 9.30 a.m. deceased accompanied by Mansingh PW 4 and Gulabsingh PW 7 was going from his village Talod to Alote.
Post mortem was companyducted and large number of injuries were found on his body.
When the deceased and the aforesaid two persons reached near the Khakhra, the respondents surrounded them and started attacking the deceased with weapons with which they were armed.
After investigation charge sheet was placed.
Accused Bhanwar Singh was companyvicted for offence punishable under Section 323 IPC, accused Bheru Singh also similarly companyvicted, and each of them were sentenced to undergo six months RI for the offence.
At this juncture it is to be numbered that ten witnesses were examined to further the prosecution version.
4 and 7 tried to intervene, but they were also attacked by the accused persons as a result of which they also received injuries.
The accused persons were hiding behind bushes on the road near village Gharola.
Though knife was stated to have been found at the spot, there was numberinvestigation directed to find out as to how it came there at the spot of occurrence.
During investigation the alleged weapons of the assailants were seized.
4, 7 and 8 were also subjected to criticism on the ground that they did number inspire companyfidence.
During trial accused persons pleaded innocence.
They were armed with lathies and farsies.
One of the circumstances was alleged manipulation of the FIR to indicate as if the same was lodged at 10.25 a.m. The evidence of PWs.
His numbere was cut.
4 and 7 who claimed to be eye witnesses, one Jaswant Singh PW 8 was also examined to substantiate the claim that an oral dying declaration was made by the deceased before the said witness implicating the accused persons to be his assailants.
The two witness rushed to the police station where PW 4 lodged the FIR Exhibit P 10 .
The Trial Court accepted the prosecution version and companyvicted the accused appellants and sentenced them as numbered supra.
In view of the afore noted alleged discrepancies, the accused persons were held to be number guilty and the order of acquittal was passed by allowing the appeal.
Four persons i.e. respondents herein faced trial for allegedly causing homicidal death of Dharamchand hereinafter referred to as the deceased on 6.8.1984.
