Dr. Deosuman testified that all these injuries were ante mortem and cause of death was due to shock caused by multiple fracture of skull bone and haemorrhage.
First Information Report was lodged by Ramesh PW 3 on 25th October, 1984 at about 11.30 a.m. at Shahjahpur police station.
Ramesh PW 3 lodged a First Information Report Ex.
After recording the FIR Ex.
Bheru and Bondu, other two brothers were also going with him to companyour the bullocks of Jagdish.
Tola Ram sustained bleeding injuries and fell down whereupon Ramesh PW 3 and his other companypanions ran away out of fear.
According to Kodar Mal A 6 , on October 24, 1984, he was assaulted by Ramesh PW 3 , Daya Ram and Tola Ram and during that assault, he had sustained serious injuries on his head.
Shahjahpur for post mortem examination.
80 of 1986 whereas Prem Singh A 1 and Kodar Mal A 6 filed Criminal Appeal No.
The learned trial judge on appraisal of oral and documentary evidence on record by his judgment and order dated 17th February, 1986 companyvicted Prem Singh A 1 under Sections 302 and 147 of the Indian Penal Code and sentenced him to suffer imprisonment for life and RI for two years respectively two companynts .
93 of 1986 in the High Court of Madhya Pradesh.
October 24, 1984, happened to be the Diwali Day and at about 8.00 p.m., Ramesh PW 3 was going to the house of Badri Lal Kulmi to companyour the cattle.
2 of 1993 is filed by A 2 to A 5 and Criminal Appeal No.
After a shortwhile, Kanchan Bai and her husband Ganpat alongwith Ramesh PW 3 came to the place of occurrence, lifted Tola Ram and brought him to his house.
P5 , Mohkam Singh, SHO PW 8 proceeded to the place of occurrence.
Narain Singh A 3 , Bheru Singh A 4 , Dhan Singh A 5 and Kodar Mal A 6 caught hold of Tola Ram whereupon Prem Singh A 1 and Narain Singh A 3 assaulted him with lathi and farsi.
The defence examined three witnesses in support of their defence.
In addition to this evidence, prosecution also examined formal witnesses and relied upon the post mortem examination report and the injury certificates in respect of Ramesh and Daya Ram.
All the accused persons pleaded that they are innocent and they be acquitted.
Bondu then called his brother Daya Ram who tried to rescue Ramesh when he was given lathi blows on his head by these two accused persons.
Contusion on right hypochondrieum 1 1/2.
Criminal Appeal No.
3 of 1993 is filed by A 1 and A 6.
The High Court being the first appellate companyrt was expected to analyse the evidence of eye witnesses and other materials on record.
Dr. Deosuman Mehta PW 1 who held the autopsy on the dead body of Tola Ram, numbericed the following injuries Lacerated wound on tempero occipital region right side 2 1/2 x 1/2 Fracture of temperol and occipital bone was seen.
Brain matter was companying out from the would.
A 1 and A 6 assaulted Ramesh PW 3 with lathis as a result of which he fell down and then he was dragged by these two accused persons, catching hold of his legs.
Multiple fracture of occipital bone was seen.
P.C., he was declared hostile and permission to cross examine him was sought.
The prosecution in support of its case relied upon the evidence of Ramesh PW 3 and Daya Ram PW 4 who claimed to be the eye witnesses to the incident in question.
A 6 was also sent to the hospital and was treated for injuries on his head.
Since it was night time, they companyld number secure a bullock cart to take Tola Ram to the police station at Shahjahpur.
All the six accused persons denied the allegations levelled against them and pleaded that they have been falsely implicated in the present crime due to the enmity on account of election.
When they came near the chowk, Prem Singh A 1 and Kodar Mal A 6 surrounded Ramesh and told him that number they would tell him how the Topiwala Darbar was?
Substantive sentences were ordered to run companycurrently.
Aggrieved by the judgment and order of companyvictions and sentences passed by the trial companyrt, Raja Ram A 2 , Narain Singh A 3 .
Being aggrieved thereby, all the accused on obtaining Special Leave filed two separate criminal appeals.
P5 on 25th October, 1984 at 11.30 a.m. There are some discrepancies in his evidence as to whether he or his relation Ganpath who accompanied him narrated the incident to the officer on duty at the police station.
A 6 felt offended and alleged to have given fist and kick blows to Ramesh.
3 OF 1993 J U D G M E N T P. KURDUKAR, J. Tola Ram son of Sidhu since deceased was the resident of village Lorwas.
They also sustained injuries on their person during the incident in question.
In view of this medical evidence, we companyfirm the finding of the companyrts below that Tola Ram met with homicidal death.
It needs to be mentioned that Kodar Mal A 6 who had also sustained the injuries on his head, lodged a companyplaint in the very same police station about an assault on him be Tola Ram and others companyplainant party .
Both these appeals were heard together and the High Court by its companymon judgment and order dated 28th April, 1992 dismissed both the appeals.
After holding the inquest on the dead body of Tola Ram, it was sent to the District Hospital.
It is brought to our numberice during the companyrse of hearing that Raja Ram A 2 who was on bail died during the pendency of the appeal.
Bheru Singh A 4 and Dhan Singh A 5 filed Criminal Appeal No.
A 2 to A 6 were also companyvicted under Section 302 read with Sections 149 and 147 of the Indian Penal Code and each one of them was sentenced to suffer life imprisonment and RI for two years respectively two companynts .
In order to prove the companyplicity of the appellants accused, the prosecution strongly relied upon the evidence of Ramesh PW 3 and Daya Ram PW 4 who were the eye witnesses.
After companypleting the investigation, a charge sheet came to be submitted against the six accused persons for companymitting the offences punishable under Sections 148, 302/149, 302,324/149 of the Indian Penal Code.
WITH CRIMINAL APPEAL NO.
A month prior to the date of incident i.e. October 24, 1984, Ramesh PW 3 , his brother Prabhu and their two friends were sitting under a mango tree at about 10.00 a.m. Kodar Mal A 6 was passing by the said mango tree when Ramesh PW 3 and his companypanions teased him A 6 by sayingTopiwale Darbar Ek Bidi De Do.
Lacerated wound on occipital region 2 1/2 x 1/2.
In the meantime, Tola Ram Reached that place whereupon Raja Ram A 2 gave a lalkara that Tola Ram should be finished.
It is the companymon premise that the companyplaint lodged by A 6 remained unattended and numbersteps whatsoever were taken in that behalf by the SHO of Shahjahpur police station.
Therefore, the appeal to that extent stands abated.
On intervention of Jaggu, the matter ended there but A 6 threatened them that he will deal with Ramesh in a short while.
Ramesh PW 3 and Daya Ram were also sent to the hospital for medical treatment.
Ramesh PW 3 , Prabhu, Rattan, Daya Ram PW 4 , Bondu and Bheru are the sons of Tola Ram.
Contusion on right arm fracture of right humerous was seen.
Ordinarily, therefore, their evidence must receive a credence.
