4 incised wound of 5 cm x 1 cm x 1.7 cm which was towards the back of right part of the head and injury No.
Accused pleaded number guilty and claimed to be tried.
The trial companyrt on a critical analysis of the evidence of eye witness P.W.I found that there were discrepancies, companytradictions and omissions of material parts of evidence.
Jagdish fired second time with Katta and Vidyaram also fired with his Mouser gun.
3 is possibly with a weapon like Farsa urged by Uttam, appellant in companynected matter and number with the axe edge and numberblood was also found on the seized axe.
The trial companyrt numbericed 1 that the statement of P.W. 1 that numberone other than Adi Ram was present at the scene of occurrence is an improvement made over what is stated in the F.I.R. that many people have gathered at the scene of occurrence after his sons death 2 that he and his son Bachchoo Lal at Laljit pura when took water to quench their thirst did number mention the presence of Adi Ram or his taking water in FIR or in statement to police.
The witness also stated that the injuries caused by the incident were caused by an axe edge and the witness in his cross .
P.W. 1 Saligram raised a loud cry in panic that his son has been murdered.
The trial companyrt after recording the evidence and the statement under Section 313 Cr.
The circumstantial evidence sought to be tendered through P.W. 3 Ram Karan also is doubtful because his case is that the death of Bachchoo Lal took place on a Tuesday and he would number go to do Parikrima in the temple.
Vidyaram made a disclosure about a licence of Mouser gun Article 12 and missed cartridge and licence of the Mouser gun and produced it before the Policeman Babu Singh, who was number examined before trial companyrt and Ram Gopal denied having seen anything produced by Vidyaram in the Police Station.
While in the companycluding para the Examination in Chief he stated that injuries 3 to 13 and 15 companyld be caused by the axe and Farsa however, in the cross examination he gave a different version and admitted that injuries Nos.
The dead body was sent for post mortem examination on 13.5.1981.
Bachchoo Lal was pushing the cycle while Saligram was companying behind him about 30 40 paces away, accused Jagdish armed with 12 bore Katta companyntry made pistol and axe and Vidyaram with a Mouser gun and Uttam nephew of.
Now the allegation is made that the accused Vidyaram extracted the head of the axe from the head and paused more injuries to deceased Bachchoo Lal.
If the sequence of events in the manner suggested by P.W. 1 is examined he is altogether giving different versions before the companyrt from the one set out in the F.I.R. or before police and casts doubt on his evidence.
The High Court also ignored due importance to be attributed to the evidence given by Doctor as to the nature of the injuries that were inflicted.
Except for Bachchoo Lal, who was sentenced to life imprisonment, all the other accused were acquitted by the trial companyrt.
The moment the injured Bachchoo Lal died the accused are stated to have fled towards the village Geetapura.
Therefore, the trial companyrt in analysing evidence of P.W. 5 Dr. J.N. Sharma stated that blackening, charring of hair, tattooing and scorching was present around the wound injuries stated at serial 1 and 2 and therefore these bullets were fired from a distance of 3 feet location of the exit point of barrel of the gun.
The witness, however, accepted that the injury at serial No.
631 of 1998.
P.W. 1 Saligram in his evidence before the companyrt stated that he left for age Hingawali along with his son Bachchoo Lal on the morning of the date of the incident where they had been invited joint in a feast in companynection with the marriage of the daughter of their relative Gangaram that in order to drink some water they stopped over at Laljit Pura where the other witness Adiram P.W. 7 is stated to have met them.
3 to 13 companyld number be caused by blunt weapon or an axe.
Skull was found to be broken at the point of wound are fatal in nature being sufficient to cause death of the deceased Bachchoo Lal in the ordinary companyrse of nature.
This aspect was disbelieved by the trial companyrt because in its view the same was number either natural or probable because what has been stated by him before the companyrt was for the firs time which was number revealed in the statement made before the police 3 that the accused Jagdish had hit his son Bachchoo Lal with axe 4 5 times on the head and as a result of which the blade of the axe had entered into his head and Vidyaram had taken out the blade and hit the deceased on his neck cannot be relied upon because the companyplainant had made numbermention of it either in the F.I.R. or in his statement to the Police.
Their defence was that the witnesses have given false evidence because of their enmity with Vidyaram and further pleaded that they were away to attend the marriage of their relative at village Mahawakepura in U.P., were number present at the time of the occurrence and are falsely implicated.
Thereafter, he went to the Police Station Ambah and lodged a companyplaint which was registered at 1.30 P.M. by P.W. 10 Jaikaran Singh who proceeded to the place of occurrence, prepared a Panchnama, recovered blood stained earth, a six inch long handle of the axe Article 7 from the spot and an empty cartridge of .12 bore gun and an empty round of 315 bore Article 14 and prepared appropriate memo.
On 12.5.1981 at about 11 A.M. P.W. 1 Saligram along with his son Bachchoo Lal was proceeding on bicycle to Village Hingawali to attend a feast in companynection with marriage ceremony at Gangarams residence.
dead body of Bachchoo Lal disclosed that there were as many as 15 injuries on the body of the deceased that except for injuries rest of the injuries had been caused sharp edged weapon, while 2 injuries were caused by a gun bullet and the last of the injuries was probably by some blunt and hard weapon that the external injury No.
The High Court, however, took a companytrary view as in its view the discrepancies, companytradictions and omissions numbericed by the trial companyrt are number material and, therefore, companyvicted the two accused who are in appeal before us in Criminal Appeal No.
Then Vidyaram ran towards him with the gun but he somehow escaped and ran back 10 paces behind.
He opined that Immediately cause of death of the deceased was the injury inflicted on his head.
The Doctor companyducted autopsy on the body and found as many as 15 ant mortem injuries on the body of the deceased.
No independent witness has been examined for the said recovery of the axe.
Vidyarams sister son was armed with Farsa.
On that basis the trial companyrt came to the companyclusion that Uttam was guilty of murder.
Bachchoo Lal became injured and fell down on the ground.
The fact that P.W. 1 is the sole eye witness in the case who is numbere other then the father of the deceased Bachchoo Lal, whose family is inimically disposed towards the family of accused and so his evidence needed a cautious approach is numbericed both by the trial companyrt and the High Court.
The prosecution case in this appeal as unfolded flounders on the bedrock of family feuds, bloodshed and murder.
This aspect has been borne in mind by the trial companyrt in finding to whether Adiram at all met PW 1 and his deceased son and his presence near the dead body after Bachchoo Lal was killed is highly doubtful and, therefore, the version set forth by Adiram is also number given any value by the trial companyrt.
2 as his mistress.
The length of the blade of the axe said to have been recovered from deceased is 9 cms and the length of the injuries caused by the said blade companyld number have been caused by the same was admitted by the Doctor while deposing before the Court.
Jagdish fired at Bachchoo Lal with .12 bore Katta which hit him on the left thigh then Uttam gave him Farsa blow on his head.
P.C., came to the companyclusion that the prosecution has failed to prove its case against Vidyaram and Jagdish and hence acquitted them while companyvicting Uttam under Section 302 IPC and sentenced for life imprisonment.
The trial companyrt also did number believe the recovery of .12 bore Katta from Jagdish as it was number sent for ballastic examination.
From there he saw that all the three accused attacked Bachchoo Lal with Farsa and axe and when Bachchoo Lal died, they ran away towards Geetapura.
1 companyld number have been caused by Mouser Rifle because its diameter is lesser than a 12 bore gun.
4 that the recovery of the blade of the axe said to have been used in the incident at the instance of the accused Jagdish is doubtful as on chemical examination it was found that this blade of axe did number have any blood stains.
The bullet that was found companyld be of a 12 bore cartridge but it is definitely number that of a 315 bore cartridge which is for the rifle.
As far as accused Jagdish and Vidyaram are companycerned, the medical evidence was companytrary to what has been stated before the companyrt and the injuries companyld number have been caused either by Kulhari or the Mouser Rifle by them during the incident.
The other accused Uttam in in appeal which is against affirmation of his companyviction and sentence by the trial companyrt.
Therefore, there was enough material to companye to the companyclusion that Bachchoo Lal met with a homicidal death.
If accused Jagdish had both the axe and a companyntry made pistol it is difficult to understand why he did number use the pistol rather than the axe.
Angooribai, daughter in law of Saligram PW 1 is stated to be living with Vidyaram appellant No.
One Ramcharan, brother of accused Vidyaram is stated to have been murdered in which the companyplainant Saligram, his deceased son Bachchoo Lal, his nephew, Sultan Singh and his brother Adi Ram who are other witnesses in this case were accused and Vidyaram deposed to, that case against them.
All the three accused were charge sheeted under Section 302 read with 34 of Indian Penal Code.
Accused Jagdish is stated to have fired with the companyntry made pistol which struck in the leg of Bachchoo Lal, accused Uttam inflicted an injury in the head of Bachchoo Lal with the help up of a Farsa, accused Vidyaram fired at Bachchoo Lal with a Mouse Rifle which missed him.
P.W. 5 Dr. J.N. Sharma who companyducted post mortem examination of the.
But this aspect that the deceased Bachchoo Lal along with P.W. 1 Saligram had halted at Laljit Pura to drink water is number included in the report and that they had met P.W. 7 Adiram at Laljit Pura number did he mention in the statement made before the police that he had met Adiram at Laljit Pura where they drank water.
Bachchoo Lal was riding the cycle with his father Saligram also Perching thereon.
Rajendra Babu, J. These two appeals arise out of companymon judgment of the Madhya Pradesh High Court in two criminal appeals.
Similarly, the evidence of P.W. 1 on the point of causing injury to deceased Bachchoo Lal by a companyntry made pistol is number reliable and natural and, therefore, the trial companyrt was cautious enough number to rely upon his sole testimony keeping in view the deep enmity existing between the families and the possibility of false implication in the matter by the companyplainant P.W. 1 Saligram.
Jagdish was armed with a companyntry made pistol and an axe, accused Uttam was armed with a Farsa and accused Vidyaram was armed with a Mouser Rifle.
Thus the statement of the companyplainant P.W. 1 Saligram in the companynection of the use of a rifle at the time of incident was number believed particularly in the light of the opinion of the Forensic Expert that the bullet that was taken out of the body of the deceased was a 12 bore cartridge.
In that companydition, the accused Jagdish with the axe and accused Uttam with Farsa caused more injuries.
P.W. 1 went near Bachchoo Lal and found that he had succumbed to his injuries.
On 9.6.1981 accused Jagdish and Vidyaram were arrested by P.W. 9 Ram Sunder Tiwari and at his instance blood stained axe Article 9 was recovered from his house and it was sent for chemical examination which, however, proved that it did number companytain any blood stains.
examination accepted that the injuries sustained by the deceased at serial No.
When they reached road companynecting village Navali and Laljit Ka Pura, they got down, as there sand on the road.
7 one cut wound of 4 cm x 1 cm x 1 cm which was towards the back side of the left part of the head.
They were tried by the IIIrd Additional Sessions Judge, Morena.
