On dissection fourth rib was found cut and left pleura underneath the injury number one was also cut The left lung upper lob Was punctured through and through under injury number one.
The witnessess Charan Singh PW 3, Chandermal PW 4 and Dharampal PW 5 rushed there.
Ka 4 was recorded and offence against the three accused persons named above was registered.
Stab wound 2 x 1 x abdominal cavity deep on the right side of the abdomen.
This companyviction and sentence has been further upheld by the High Court accepting the findings recorded by the learned trial Judge.
The learned trial Judge rejected the plea of false implication and on evaluation of the prosecution evidence recorded the finding that the accused appellants were the assailants of the deceased Jai Prakash, and therefore, companyvicted and sentenced them as said above.
Large intestine was half full.
At the time of occurrence the deceased was young man of about 30 years.
Hoshiyar Singh then rushed to the place of occurrence and after making enquiries from the witnesses and leaving some of the family members and other villagers near the body he went back to his village, got the report scribed from one Hari Prakash and took it to the Police Station, Mansoorpur and gave the said written report Ext.
After receiving the injuries Jai Prakash dropped on the ground and succumbed to his injuries on the spot shortly thereafter.
When Hoshiyara saw this assault on Jai Prakash he raised hue and cry.
Rectum was empty and Gail bladder was half full.
He sent the dead body of Jai Prakash to the District Hospital, Muzaffarnagar for post mortem.
He recorded the statement of the companyplainant Hoshiyar Singh, PW 1 and then reached to the place of occurrence and prepared the inquest report of me dead body and recorded the statement of the witnesses.
Police Inspector Bhim Singh, PW 6 companymenced the investigation.
1912 of 1981 decided on 29th November, 1982 against which this appeal after grant of special leave has been preferred.
On 15th August, 1982 at about 5.45 M. the deceased Jai Prakash along with his uncle Hoshiyara PW 2 had gone to the jungle close by to their village to answer the call of nature.
The said companyviction and sentence has been further affirmed by the High Court of Allahabad in Criminal Appeal No.
At about 6.30 A.M. after they had eased themselves, Hoshiyara cleaned his hands and when the deceased Jai Prakash was cleaning his hands it is at that point of time that the accused Sushil, Tapeshwar and Ram Niwas arrived there.
Ka 1 to the Head Mohani Hari Singh on the basis of which FIR Ext.
He also Seized the blood stained and simple earth from the spot and also seized the pajama and shoes of the deceased.
Dr. S.P. Sharma, PW 7 performed an autopsy over the dead body of Jai Prakash on 15 8 1980.
The three assailants named above ran away from the place of occurrence after assailing Jai Prakash.
According to the prosecution a day earlier to the occurrence there was an altercation between the deceased Jai Prakash and the appellant when the appellants had threatened to kill him.
incised sound 3/4 x 1/4 X muscle deep on left side of back about 5 1/2 below inferior angle left scapula and 4 1/2 away from the backbone.
Thereafter Charan Singh, PW 3 went to the house of deceased and narrated the occurrence to Hoshiyar Singh, PW 1, the father of the deceased.
Loops of small intestines were seen companying out of the wound.
for murder of one Jai Prakash.
Incised wound 1/2 x 1/4 x skin deep on the outer surface of left knee joint at its lower part.
The accused appellant Tapeshwar caught hold the hands of the deceased Jai Prakash, Ram Niwas attacked with a knife in the abdomen and stomach while Sushil gave knife blows on the waist and knee.
As per his post mortem report Ext.
Ka 11 Dr. Sharma found the following injuries on the person of the deceased 1 .Incised wound 23/4 x 3/4 x chest cavity deep on the left side of the chest 1 from the left nipple with clean cut margins.
