They put Gajraj in a charpai to take him to the District Hospital, Sehore.
As per Crl.
An appeal taken to the High Court by the accused was dismissed.
Reliance was also placed on the evidence of doctors though they had given companyflicting statements as to the time which would have elapsed between the receipt of the injuries and the death of the victim.
The accused are here before us after the grant of special leave.
This appeal arises out of the following facts On the 10th of September, 1991, the deceased Gajraj went to the nallah outside village Hydarganj early morning to answer the call of nature.
The trial companyrt numbered that the primary evidence against the accused were dying declarations made at one point of time to PW 1 Hukam Singh, PW 5 Sukhram and PW 11 Babu Lal.
He raised an alarm on which Leela Kishan and Babu Lal PWs reached the spot.
While on the way Gajraj asked for water and on enquiry made by Hukam Singh PW 1 he informed him as well as PW 5 and PW 11 that the appellants had beaten him and a short while later he lapsed into unconsciousness and died thereafter.
They sent Pappu alias Ram Swaroop to the house of the injured Gajraj to inform his brother Hukum Singh PW 1 and his father Sukh Ram Singh PW 5 and sister Leelabai who all immediately rushed to the place.
As would be apparent the only evidence against the appellants is the dying declaration made to PW 1, PW 5 and PW 11.
It is also relevant that PW 11 Babulal is the brother in law of Roop Ram appellant as his sister Sahodrara Bai was married to him.
A. No.
803 of 2007 the prosecution story, there was enmity between the parties as the deceased Gajraj was suspected of having illicit relations with the wife of appellant Roop Ram.
A First Information Report was lodged under Section 302/34 of the IPC against the appellants and they were brought to trial for the aforesaid offence.
Sometime later Kewal P.W. 2 was going towards his fields and as he passed through the nallah he saw Gajraj lying unconscious with injuries on the stomach and the head.
