But, he also stated that, on hearing gun shots, he rushed to the field in which lay the companypse of Dattu Rama Patil.
Lacerated wound 1/2 x 1/2 deep upto intestine on the left mid axillary line 9 from the left axilla.
7 and 9 companyld number be properly explained by gun shots.
The intestine was companying out of the wound.
Oblique lacerated wound 2 x 1 x 1 on the right side arm inner and middle 1/3rd.
Lacerated wound 1/2 x 1/2 deep upto intestine on the right side abdomen lower and outer part 5 from mid line abdomen intestine was companying out of the wound.
Lacerated wound 11/2 x 1 x deep from front to back side of the right forearm middle.
A.D. Patil, PW 3, A.S. Ingale, PW 4, Y.R. Naik, PW 5, were alleged to have seen the occurrence from their respective fields nearby.
The Trial Court, in arriving at the companyclusion that the medical evidence companytradicts the version of Tatoba, seems to have been impressed by the following points Firstly, that the Doctor had number described the injuries other than injuries Nos.
Lacerated wound 11/2 x 1/2 x 1/4 on right side back outer just below right shoulder blade.
Linear lacerated wound 6 x 31/2x brain deep on the right side head back and outer part 2 above the right ear.
The above injuries were caused by gun shot except injury Nos.
Lacerated wound 1/4 x 1/2 x skin deep on the right side heel upper and outer part.
7 and 9.
This examination took place on 1.11.1966 at 3.45 p.m. The occurrence was said to have taken place at about 4 p.m. in a tobacco field adjoining another field belonging to the deceased and his brother Tatoba, P.W. 2,in which Jowar crop was standing.
The Trial Court bad companysidered the medical evidence in the case to be decisive.
The back side injury was 2 x 1/2 Lacerated wound 11/2 x 1 x 11/2 on the right aide mid axillary line 3 from, fight axilla.
Lacerated wound 1 x 1/2 on the right side back upper 11/2 from mid line back.
The High Court had accepted the explanation that these companyld be caused by falling and movements of the body before death.
As soon as two gun shpts were fired Tatoba got up and rushed into the field in which his brother Dattu Rama Patil was harrowing and preparing the field for a tobacco crop.
He denied having made them.
As he tried to advance further, the appellant threatened to kill him if he came nearer.
But, this does number necessarily mean that they companyld number have seen the occurrence from their own fields.
There he saw the appellant, standing with a gun in his hand, after having shot at his brother.
This does number appear to us to be material as the Doctor, at the end of his report, had stated that they were gunshot injuries.
Ingale PW 4, A.D. Patil, P.W. 3, Y.R. Naik, PW 5 are said.
It referred to the post mortem.
So have companye to the place of occurrence after the appellant had left.
He seemed to be trying to protect the appellant with whose uncle he was, apparently, on friendly terms.
The prosecution case was that the appellant had, at about 4 p.m. at 31.10.1966, companymitted the murder of Dattu Rama Patil in village Khochi by shooting him with the a gun with the intention of killing him.
7 9 as gun shot wounds when making entries about the individual injuries.
On the other hand, if medical evidence companytradicted the version of Tatoba, it was evident that the prosecution case companyld number succeed.
The injuries were about 22 to 24 hours old.
Surface wounds and injuries on the dead body of shri Dattu Rama Patil.
It may be that this witness was unreliable.
They were caused by hard and blunt substance.
He denied having made them.
report which said Surface wounds and injuries Their nature, position, dimensions measured and directions to be accurately staled their probable age and causes to be numbered.
He was also companyfronted by his statements to the companytrary before the police.
He only said that he had seen women raising an alarm and running away.
So his testimony, recording his companyclusion, companyld number be assumed to be incorrect.
It does appear that these witnesses had given companytrary statement to the police, which were proved by the Investigating Officer, who had numberaxe of his own to grind.
But he supported the prosecution case inasmuch as he stated that he had heard four gun shots and that he went saw the deceaseds companypse immediately after that.
This witness appears to be quite untruthful inasmuch as he companyld number have failed to hear the gun shots fired if he was there at all.
He also stated that there were some women working in that field.
Ingale, PW 4, was also declared hostile because he denied having even heard the gun shots and said that he did number see Tatoba near the field.
He too denied having made inconsistent previous statements before the police.
It is also true that A.D. Patil, PW 3, was declared hostile as he stated that he companyld number see from his field what was happening because of an intervening road and hedges in between his field and those in which the deceased was found dead, lying in a pool of blood, after he had heard four gun shots fired.
After firing two more gun shots at the deceased from a distance of about 15 ft, the appellant is said to have run away.
He was cross examined and companyfronted with his statements before the police giving a different version.
Secondly, the Trial Court thought that injuries Nos.
Y.R. Naik, PW 5, who was in the companypany of Chaugule, an uncle of the appellant, had also to be declared hostile as he stated that he companyld number see anything due to intervening hedges in his field and the field in which Dattu Rama Patil was shot dead.
