The FIR was Date 2019.04.23 161938 IST Reason lodged at 7 AM on 2nd July 1987 and the appellants were arrested on 17th July 1987.
He states that these injuries were of before the death.
The cause of occurrence is that the appellants were number giving right of way to the deceased.
He states that on the body of the deceased there was companyresponding injuries which were as under The layer of left lungs was cut at the place of injury No.
The upper part of the left lungs, there was wound from front to back straight.
The prosecution case is that on 1 st July 1987 at about 12 midnight in Village Prempara Rampara, the appellants caused injuries to Bhura Govind and Lakha Arjan with spears etc and on account of Signature Not Verified Digitally signed by MANISH SETHI grievous injuries inflicted, both of them died on the spot.
The injuries on the dead body of Lakha Arjan are as follows On the shoulder of left arm, one pocket wound, which wound was slanting of 1 inch x 0.5 inch depth.
The vein and artery of the lungs were cut.
The left lungs were tightened and there was air in it and the blood was gathered.
The prosecution has relied upon the statement of companyplainant PW 3, Ramabhai Rajan as also the statement of PW 4 Govindbhai Punabhai who are injured witnesses.
Which was stretched upto the lower lib.
Which was companyresponding wound to injury number 1.
The appellants also lodged a cross case which is Sessions Case No.
In the present appeal, the argument of learned companynsel for the appellants is that the deceased and their accomplices, 9 in number, were the aggressors.
One pocket wound, on the left side below of the armpit the wound was 2.5 inch x 1 inch x 6 inch, which would was going to horizontal side.
He deposed that the appellant No.
These all injuries were of before the death.
PW 2 Dr. Govindbhai Lakhmanbhai has been examined to prove the injuries on prosecution witnesses.
After companypletion of investigations, the appellants were made to stand trial.
97 of 1987.
In fact, the presence of the two witnesses at the time of occurrence is number seriously disputed.
The injuries have been inflicted on both the appellants.
The vein of lungs and artery and the trachea were cut.
The companyresponding injuries of which were as under The layer of the lungs was cut on the front and back at the place of injury No.
In the left side of chest the air was there and the blood was gathered companylected.
1 was lying at the spot and was bleeding.
The appellants have remained in hospital from 02.07.1987 to 17.07.1987.
The appellants have been companyvicted for life for offence under Section 302 but numberseparate punishment was inflicted for the offence under Section 324 IPC.
1 on left third rib.
There was fracture at injury No.
The appellants were having spear, Hansraj was having axe and others were having sticks.
Such injuries have been proved by PW 10, Dr. Nikhilkumar Buch who was posted at Civil Hospital, Junagarh at the relevant time.
It is also argued that Vajibai, wife of appellant number 1, has been examined as defence witness.
The appellants have received grievous injuries, while protecting the possession of their land, thus, they have acted in their right of private defence.
In right lungs, upto injury number 2, the wound was stretched.
The upper part on trachea of left lungs, the upper part of the left lungs was cut.
The argument is based on the statement of PW 13, Murlidhar Vasu, the Investigating Officer.
They attacked the deceased and both the injured witnesses with spears and axe.
It is statement of PW 3 which led to lodging of First Information Report that the appellants who were 7 to 8 in number challenged the witnesses at about 12 night on 01.07.1987.
The companyplainant party had filed the civil suit in which injunction was granted in their favour.
Hemant Gupta, J. The challenge in the present appeal is to an order passed by the High Court of Gujarat at Ahmedabad on 24.10.2008 maintaining companyviction for offences under Sections 302 and 324 of IPC against the appellants for causing death of Bhura Govind and Lakha Arjan.
