1 was with a sharp edged weapon and injury No.
They produced two eye witnesses Begaram P.W. 2 and Hazari P.W. 3.
P 1 by Ram Pratap s o Shivlal.
Begaram P.W. 2 was disbelieved both by the Sessions Judge and the High Court.
The dying declarations were made to three persons first to Jora P.W. 7, later to Gyaniram P.W. 4 at his shop and lastly to Ram Pratap P.W. 5 who arrived at the shop at 6 p.m. If the dying declaration was made to this witness it must have been at that time.
The learned Sessions Judge described Hazari as a facile fluent liar but his testimony was accepted by the High Court.
There Shivlal told Gyani Ram also that Bhagwandas, Netram and Rameshwari had assaulted him because of the water dispute and also asked Gyani Ram to send for his son Ram Pratap and his Artya Commission Agent Ishardas.
He sprinkled some water on his face which revived Shivlal and the latter asked Hazari to take him to the Thana but Hazari helped him to walk up to the Khala threshing floor of Hukma which was at a short distance from that place.
2 with a blunt weapon and both these injuries were grievous and were individually and companylectively fatal sufficient to cause death.
The companyvicted persons have obtained Special Leave to appeal under Art.
Hazari found Shivlal seriously injured and unconscious.
At the hospital he was treated by the doctor P.W. 11 but died the following day 8th at 8 15 a.m. The First Information Report was based on a written report Ex.
Both companyrts rejected the statement of Ram Pratap but the statements of Gyaniram and Jora were accepted by the High Court although they were rejected by the Sessions Judge.
The appeal is founded on two grounds 1 that there was numberevidence against the appellants sufficient to warrant a companyviction and 2 that there were numbercompelling reasons for reversal of the judgment of acquittal.
He went up to the place where the beating was going on and shouted to the assailants who went away leaving their kassi behind.
The diggi was filled up by 1 p.m. on the 7th.
Ram Pratap came at about 6 p.m. Shivlal repeated the story to him and was then taken to the hospital by Jagmal, Bhaggu and others.
This occurrence was witnessed by Hazari P.W. 3 who was grazing his camels in the field of Surta.
The order as to Mt. Rameshwari was affirmed and she was acquitted.
The learned Sessions Judge disbelieved the whole evidence and acquitted the accused.
He was of the opinion that the evidence produced by the prosecution was number free from suspicion and number sufficient to companyvict them.
According to the prosecution the canal after a temporary closure restarted flowing on May 5, 1953.
Kapur, J. Bhagwandas and Netram are two brothers who along with Mt. Rameshwari, a daughter of the former, were tried by the Sessions Judge of Ganganagar for an offence under s. 302 of the Indian Penal Code but were acquitted.
According to the doctors evidence Shivlal was unconscious when he was brought to the hospital at 5 p.m. He had 15 injuries on his body, out of which injury No.
Shivlal was then taken to Raisinghnagar by Bhaggu and Jagmal on a she camel to the shop of Gyani Ram P.W. 4.
It was recorded on May 7 at about 7 30 p.m. The prosecution supported their case by the evidence of two eye witnesses, dying declarations made to 3 persons and on the recovery of the kassi.
Hazari P.W. 3 has stated that he left Shivlal with Jora, Jagmal, Bhogar, Begaram and Binja, and on their asking him he Hazari told them what he had seen.
