The prosecution alleged that the accused persons, finding Govind alone, started assaulting him with different weapons like gupti and this was seen by deceased Shankar, PW2, PW5 and PW7, who came on the railway line.
This was however number acceptable to PWI and.
Seeing these people, the present appellant who was armed with gupti, rushed towards the deceased and gave a blow on his chest and two other blows on the back and left side of the head.
34 of the Indian Penal Code for having caused the death of Shankar on 2nd February, 1981 at II A.M. and injuring PWs 2, 5 and 7 in companyrse of the said incident.
On 1.2.1981, as Govind PWI did number return to his house, his wife and PWs 2.
PWI then went to the police station and narrated the entire incident which was .treated a.s F.I.R. Exh.9 and the police started investigation.
There was a scuffle and then Govind was taken to one Kumbhar Guruji and Ankush informed the said Kumbhar Guruji that Govind was caught red handed, while stealing companyn from his field but sometime after both Ankush and PWI came on foot and on the way met the other accused persons.
On 2.2.1981, at about 5 A.M., while Govind was returning home from his field, these accused persons met him on the way.
149, but modified the sentence to the period already undergone.
5 and 7 went to Shankar, who was then working in the field.
on account of which, they were also injured.
When police was approached, it was learnt that both Grovind and accused Ankush were with the police and therefore, they went to the police station and brought Govind with them.
The other accused persons also started assaulting PWs 2, 5 and 7.
The doctor had further opined thatl these two injuries companyld be caused by sharp edged weapon like gupti.
Govind PW1 wanted to carry the deceased to the dispensary but accused persons prevented him on the plea that they would pay Rs.3000/ , if the dead body was thrown to Ujani Dam.
Apart from these four accused persons, the prosecution alleged that there was another accased , who is still absconding and has number been arrested.
Shankar also came with them and made some query and learnt that the accused persons had taken away Govind with them.
therefore.
The companyviction and sentence passed by the Sessions Judge under Section 148 IPC, however was quashed and hence, the present appeal by The appellant, L.Kale.
They then approached PW3 for his help to trace out Govind but said PW3 directed them to go to police and mforrn the police about the same.
The High Court also affirmed, the companyviction and sentence against the two other accused persons under Section 324 read with Sec.
PWI carried the dead body to Bhigwan Dispensary and he was accompanied by PW5 2,5 and 7.
Shankar fell down on getting the fatal blows and died at the spot.
Neither the credibility of the witnesses has been examined number the Appellate Court has drawn its companyclusion, after examining the cadence on record.
The Sessions Trial was registered as Sessions Case No.
