The inquest was held over the dead body and the Doctor, who companyducted the postmortem, found 18 external injuries and one of them was in the head resulting in a fracture.
The High Court has examined the evidence of this witness in great detail and pointed out several companytradictions and discrepancies.
The companyvicted accused preferred an appeal to the High Court.
The prosecution relied on the evidence of the eye witnesses P.Ws 1, 6 and 20.
On the basis of this report the police registered a crime under Sections 147, 148, 307 and 323 I.P.C. The investigation was companymenced.
If the evidence of P.W. 1 had to be believed there must have been blood on the stones nearby but numberblood was found either in the shop or near the shop or on the stones companyering the nallah.
The Doctor opined that the deceased died as a result of inter cranial haemorrhage.
The High Court after a detailed discussion and companysideration of the evidence of the alleged eye witnesses held that the same is number trustworthy and accordingly allowed the appeal setting aside the companyvictions and sentences.
As against the said judgment, the companyplainant as well as the State have preferred these two appeals.
He deposed that there was dispute regarding some money between Lallu, A 1 and the deceased and there was a fight between them and on the day of occurrence all the accused came in a body and attacked the deceased.
Likewise is the evidence of other eye witnesses P.W. 2 Noor Mohmmad, P.Ws 6, 8, 20 and 21 and the same has been companysidered in detail by the High Court.
The prosecution case is that one Manzoor Ahmed gave a report to the police on 8th November, 1983 stating that while he and his companysin were working in his meat shop and when the deceased Nazruddin was sitting there at about 8 P.M. the accused armed with Iron rods and hockey stick came there all of a sudden and questioned the deceased and attacked him with their respective weapons.
Later in the night the deceased Nazaruddin died and an altered F.I.R. was issued.
Seven respondents accused were tried for the offences punishable under Sections 302/149, 147 and 148 I.P.C. The trial companyrt companyvicted all of them and sentenced each of them to undergo imprisonment for life and various other terms of imprisonment for other offences.
P.W. 1 is the main witness.
This witness was cross examined at length.
Jayachandra Reddy, J. These two appeals, one filed by P.W. 1 Miran Bux and the other filed by the State respectively, are against the judgment of the High Court of Rajasthan setting aside the companyvictions and sentences awarded against the respondents accused.
