Krishan Lal asked Ram Singh to keep the chopped pieces of the leg in the bag and Ram Singh picked up the pieces of legs and kept them in the bag.
Prosecution version as unfolded during trial is as follows On 21.7.1987 at about 4 Oclock in the evening the companyplainant victim Jai Singh PW5 was at the grass field for the purpose of grazing the cattle.
Gangaram stood there with rifle.
As numbered above with the aforesaid observation the companyviction and the sentence were altered.
Though accused Arjun Singh asked that both his eyes should be taken out, accused Ganga Ram told him that chopping of his one leg was sufficient to cause his death.
The victim sustained injuries on his back, right eye and left leg.
Custodial sentence was reduced to the period already undergone, while the fine amount of Rs.500/ was enhanced to Rs.20,000/ .
Thereafter on account of some earlier enmity the respondents armed with rifle, sticks and axe came there and the accused Lilakishan, Bapu and Kashiram caught hold of the said victim while other accused Jagannath and Amar Singh tied his hands and legs by turban and accused Laakhan with the help of clothes pressed his mouth.
It has also overlooked the evidence of PW1, the Doctor that the injury companyld have caused death.
However, the victim reached the field of Chain Singh and mentioned the incident to him.
According to him, accused Ram Singh and Bapulal caught hold of him.
In support of the appeal learned companynsel for the appellant State submitted that the High Court has companypletely overlooked the gruesome nature of the offence.
Accused Suraj Singh kept his leg on a log of wood and Leela Krishan chopped out his feet by axe from above the ankle.
He had categorically stated that the injury companyld have caused death.
He was laid down on the ground and the accused Krishan Lal chopped out the left foot and Ram Singh caught hold of his left leg and Bapulal caught hold of his right leg, Arjun caught hold of his leg and Krishan Lal kept his legs on his left hand and put clothes in his mouth and caught hold of his head.
The M.L.C. Report was prepared.
PW 1 had numbered that 1/3 of the leg was chopped off below the knee.
They called the watchman and mentioned him the incident.
Thereafter, his legs were caught by the respondents Bapu and Lila Kishan, while Kashiram chopped off the lower part of the left leg.
Leela Krishan said that his foot jaw has been chopped off and the heels should also be chopped out.
Due to heavy rain, Jai Singh lodged the report to Police, Ahmadpur on 22.7.1988 at 6.40.
It was observed that chopping of the leg from the body cannot be treated sufficient to cause death.
He was admitted in the hospital and remained under treatment.
Umrao Singh and Roop Singh took him to his home.
On registering the offence, the victim was referred to hospital.
Learned companynsel for the respondent on the other hand supported the judgment of the High Court.
Learned Additional Sessions Judge, Shihore, found the accused respondents guilty and sentenced each to undergo rigorous imprisonment for five years with fine and 6 months rigorous imprisonment for the other two offences.
The wife of respondent Lila Kishan and wife of Bapulal came there to companylect some leaves in the field.
The Trial companyrt believed the evidence of the victim PW 5 and also the other evidences brought on record and recorded companyviction and imposed sentences as aforestated.
The evidence of PW5 the victim clearly shows the gruesome nature of the attack and the intention of the accused persons.
After the incident the accused persons ran away from the spot.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Madhya Pradesh High Court.
On companypletion of the investigation, the accused persons were charge sheeted under Sections 147, 148, 149 and 326 and 307 IPC.
The respondents faced trial for alleged companymission of offences punishable under Section 307 read with Sections 149 and 148 of the Indian Penal Code, 1860 in short the IPC .
