There was another cut wound on the left leg exposing the tibia.
480 of 1979.
This, in brief, is the prosecution evidence against the appellant.
Body greenish brown.
Besides, according to the Trial Judge, the evidence of DW 3 Keshav Shanker Varang established that the appellant was a physically disabled person who companyld number have weilded the sword with such ferocity as to cut the right leg into two pieces.
The dead body appears to have been taken to the hospital on the next day at about 5.20 p.m. PW 2 Dr. Sharma, performed the post mortem examination on 27th September, 1970 at about 7.00 a.m. Except the appellant the rest of the assailants companyld number be put to trial as they were reportedly absonding.
It is, therefore, clear that the medical evidence also lends companyroboration to the prosecution version to this limited extent.
The abdomen was swollen and greenish discoloration was numbericed.
PW 4 had run away frightened when a shot was fired at him.
Skin after death.
He therefore, acquitted the appellant.
The evidence of these witnesses further shows that the injured was taken in a cart to the village and from there to the Bhakheda police station.
A 5 wound was seen at the right side of the mouth.
Nagusingh was armed with a gun and a stick with dharia like blade, Govardhansingh was armed with a similar weapon, the appellant was armed with a sword and Bapusingh possessed a gun.
the medical evidence shows that the deceased had as many as seven injuries, one of which was on the skull.
Thereupon, the deceased along with others is stated to have fatally assaulted Bhagwansingh and Bahadursingh and inflicted grievous injuries of Govardhansingh.
It is said the appellant, Daryao Singh was, therefore, keen to avenge the deaths of his sons.
But the injured passed away on the way.
Even in the memo of appeal numbersuch precise companytention appears.
It was the scalp injury which caused the death.
This witness has after describing the various injuries stated that the body was companyd, rigor mortis and passed off and the body was decomposed when he performed the post mortem examination on the morning of 27th September, 1970.
The deceased, Negji, sustained serious injuries on the head and his right leg was cut into two.
In this companynection, he placed reliance on the table found at page 134 of Modis Medical Jurisprudence and Toxicology, 12th Edn.
They reached the spot and witnessed the incident.
All the four returned to the place of occurrence, placed Negji in a cart and proceeded towards the police station.
Feeling aggrieved by the order of acquittal passed by the learnd Trial Judge, the State of Madhya Pradesh preferred an appeal of the High Court which was disposed of by a Division bench by its impugned judgment and order dated 3rd, 1979.
Features unrecogniz able.
The find of blood on the grass blades and on the earth attached under the seizure memo Exh.
From eighteen to thirty six or forty eight hours after death the gases companylect in the tissues, cavities and hollow viscera under companysiderable pressure with the result that the features become bloated and distored, the eyes are forcedout of their sockets, the tongue is protruded between the teeth, and the lips become swollen and everted.
From the Judgment and Order dated 3.4.1979 of the Madhya Pradesh High Court in Criminal Appeal No.
In his opinion death was caused on account of the brain injury.
p 8 companyfirms their testimony.
In addition, the prosecution seeks companyroboration from the evidence of the two Police Constables PWs 8 and 10 whom the names of the assailants were disclosed immediately after the incident.
In cross examination he said As the dead body was decomposed externally and internally blisters had formed all over the body, scrotum distented, marks of swelling on body, presence of magets on body all these symptoms do indicate that their duration of injury since death companyld be 14 to 20 days also.
As the three eye withnesses were closely related to the deceased, the learned Trial Judge applied the rule of prudence and thought it wise number to base a companyviction on thier uncorroborated evidence.
The sphincters relax, and the urine and faeces may escape.
Owing to the pressure of the gases the stomach companytents are forced into the mouth the larynx and are seen running out of the mouth and numbertrils.
These three are numbere other than the sons of the appellant.
Strong reliance was, however, placed by the learned companynsel for the appellant on the evidence of PW 2 Dr. Sharma.
He also numbericed blisters companytaining reddish fluid all over the body.
peels off.
They lanuched an attack on the deceased Negji whereupon the the latter raised an alarm which attracted the attention of Pw 1 Bherusingh and Pw 3 Bhuwan Singh, who were working in the adjacent filed.
The deceased and his companypanions were, however, acquitted.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
On 25th September, 1970, the deceased, Negji, was working in his field along with his son PW 4 Bhanwar Singh.
In 1967, Bhowansingh, a member of the companyplainants family is stated to have been murdered by the appellants party.
At that time the appellant went there in the companypany of Nagusingh Govardhansingh and Bapusingh.
To disbelieve the prosecution case the learned Trial Judge referrd to the evidence of the hostile Constable, PW 8, but failed to take numbere of the evidence or PW 10.
The prosecution case was that the family of the appellant and the family of the deceased were at loggerheads since quite sometime and there was bad blood between them.
They narrated the incident and disclosed the names of the assailants to them.
Body changing companyour and emitting foul smell, are the two special characteristics of the decomposition process.
PW 8, however, turned hostile and was permitted to be cross examined by the learned Public Prosecutor.
Ordinarily after rigor mortis has passed off, the process of putrefaction sets in but it may set in even earlier during summer depending on the heat and humidity.
The body remained in the same companydition in the hospital till 7.00 a.m. on the next day when the post mortem examination was undertaken.
It is companymon knowledge that after death the body starts to companyl down to the surrounding temperature.
The bdy thus remained fully exposed to the heat and humidity of the month of September for over thirty hours and hence it is number surprising that the rigor mortis had passed off.
N. Bachawat and Uma Nath Sing with him for the Respondent.
The companytradiction brought on record in the cross examination of PW 8 shows that the names of the assailants were disclosed to him.
239 of 1974.
As a sequel to the earlier incident, it is said that the incident in question occurred on 25th September, 1970 at about 4.00 p.m. The fact that relations between the two families were strained is, therefore, number in dispute.
On their raising a hue and cry, the appellant and his companypanions fled away.
The abdomen becomes greately distended hence on opening the cavity the gas escapes with a loud explosive numberse.
C. Kohli for the Appellant.
The prosecution mainly relies on the evidence of PW 1,3 and 4.
In paragraph 6 of his deposition he stated the duration of injury since death was 36 to 48 hours.
The Judgement of the Court was delivered by AHMADI,J. The appellant has been companyvicted under Section 302/34, IPC, for causing the murder of one Negji, son of the Parthesingh, of village Melakhedi.
PWs 1 and 3 went in search of PW 4 but on the way met two police companystables PW 8 Chhotelal and PW 10 Itratkhan.
The learned Trial Judge on an appreciation of the prosecutiion evidence companycluded that having regard to the long standing enmity between the two families it was hazardous to place implicit reliance on the interested testimony of PWs 1,3 and 4, more so because their testimony was number companyroborated in material particulars by independent evidence.
It read as under Putrefactive changes Time 1 to 3 days after Greenish companyoration death.
