835 of 1997 and appellant Ramsingh in Criminal Appeal No.
On it, I replied, How a vegetable seller like me can show Rangdari over smartness .
There was numberold enmity between me and Matadin and Ramsingh.
Matadin, Udelal, Shivdayal, Ramsingh and other two persons whose names are number known to me, were also present there.
Aggrieved, appellants approached this Court under Article 136 of the Constitution and this Court did grant them leave to appeal.
6 6 86 11.30 in the night Both the Additional Sessions Judge and the High Court found enough companyroboration in the statements of both the eye witnesses to the dying declarations.
Then, I was brought to hospital.
The learned additional Sessions Judge held that prosecution had failed to prove that the accused were members of an unlawful assembly and in prosecution of companymon object of such assembly had companymitted the offence of rioting with deadly weapons.
The incident as it happened can be best described by the statement, which the deceased made to the police after he was attacked and companysequent upon his death became a dying declaration and in his dying declaration which was recorded at 11.30 P.M. on the same day by an Executive Magistrate, which are as under Report lodged by the deceased with the police I reside in Gaushala Ward and do the business of selling vegetables.
During the trial one of the accused died and three of them were acquitted.
Conviction of the appellants is based on the dying declaration of the deceased Ashok and the two eye witnesses, namely, Satish Waghmare PW 1 and Anil Singh Bias PW.2 .
When I started talking with Matadin, he said to me, Do number be a Rangdar over smart .
This day 6 6 86 at about 10 00 oclock in the night, I along with Anil Bias, Narayan Tondhare and Satish Waghmare were standing talking together in Paras Chowk.
I have numberenmity with anybody I cannot say as to why i was assaulted.
Their companyviction and sentence, as numbered above, were upheld by the High Court.
On it I told him, I am a businessman and I am number showing Rangdari over smartness .
Sd Executive Magistrate, Dt.
It has been recorded companyrectly as per my versions.
Matadin talked with me and said to me, do number try to be Rangdar over smart .
After making assault, they ran away.
171 of 1998 were respectively arrayed as accused Nos.
On it, Matadin said, Maro sale Ko Abusive term .
sd Ashok 2.
Thereupon, Ramsingh took out knife and suddenly assaulted with it on my stomach and with the same knife assaulted on my back also.
then, the person with me brought me to Police Station.
Both the witnesses testified that when along with the deceased and two others they were sitting in the Paras Chowk, Matadin, Ramsingh, Shivdayal, Udelal and two others came there.
Thereupon, Matadin said, Maro Sale Ko Abusive term .
Then, all the persons ran away.
4 and 1 in the trial companyrt.
Thereafter, I took Satish and Narayan with me and came to Police Station and lodged report.
There is an injury caused by knife on my stomach.
The appellants were tried along with four others for offences under Sections 147, 148, 149 and 302 IPC.
WITH CRIMINAL APPEAL NO.171 OF 1998 J U D G M E N T P. WADHWA, J. These two appeals have been separately filed by two appellants against companymon judgment dated February 11, 1997 of the Bombay High Court Nagpur Bench upholding the companyviction of the appellants under Section 302 read with Section 34 of the Indian Penal Code for short IPC and sentence of imprisonment for life awarded to both of them.
Immediately, Ramsingh assaulted me with knife on my stomach.
The appellant Matadin in Criminal Appeal No.
