PW1 saw the accused persons assaulting Hari Choudhary with their weapons.
P1 companyplaint given by PW1 Kallu and prepared Exh.
Briefly the facts are as follows Deceased Hari Choudhary is the uncle of PW1 Kallu Choudhary.
Challenging the same, both the respondents herein preferred appeal and the High Court altered the companyviction and sentence as mentioned above.
He ran and informed PW3 Ram Niwas, brother of Hari and they carried injured Hari to Victoria Hospital, Jabalpur where he was declared dead.
The trial companyrt, as already numbericed, had companyvicted the respondents of the offence of murder.
In Ex.
All the injuries were ante mortem in nature and were sufficient to cause death.
The High Court has disagreed with the Trial Court and held the offence was number murder but one under Section 304 I of the Indian Penal Code.
On telephonic information PW10 Sub Inspector R.B. Soni reached the hospital and recorded Exh.
Injuries No.5 and 6 might have been caused by hard and blunt object.
P/10 as well as in companyrt he specifically stated that the cause of death of deceased was excessive haemorrhage from the injury No.3 which was on the knee.
After companymittal the Sessions Court framed charges against both the respondents herein and accused Puttu Ram Charan.
The death of deceased was homicidal.
In the opinion of Dr. Jain, cause of death was excessive haemorrhage from Injury No.3.
The trial companyrt companyvicted the respondents herein for the offence under Section 302 IPC and acquitted them for the offence under Section 3 2 v of the SC ST P.A. Act and sentenced each of them to life imprisonment and to pay a fine of Rs.1000/ each in default to undergo one month simple imprisonment for the charge of murder.
On 15.8.2000 at about 3.30 p.m. both of them were going to eat betel and on their way they saw respondent number1/accused Golu, respondent number2/accused Bhura and three other accused namely Puttu Ram Charan, Gabbar and Bedilal armed with weapons, companying and accused Bhura hurled companyntry bomb at them.
Clotted blood matting the skull hair.
Injuries No.1,2,3 and 4 were caused by hard and sharp object.
Aggrieved by the same the State has preferred the present appeal.
Swelling of blue companyour on the right shoulder on the back side 6 in length.
He companyducted inquest and prepared Exh.
At the same time the trial companyrt acquitted accused Puttu Ram Charan of the charges.
NAGAPPAN, J. Leave granted.
P2 Murg Report.
On explosion they fell down and accused Bhura dealt a blow of sword to PW1 Kallu and the other accused also assaulted him with their weapons.
This appeal is preferred against the judgment dated 26.9.2012 passed by the High Court of Madhya Pradesh Principal seat at Jabalpur in Criminal Appeal No.
Accused Gabbar and Bedilal were absconding.
