The membranes were besmeared with blood.
According to him there were 1.
companytused wound 1/2X1/4 scalp on left side of head 2 above the left eye brow.
a companytusion 21/2X 1 on the left side head 2 above left ear with swelling of the entire left side of head and face.
The bone on the left side of the base of the skull was also fractured.
They are Lurkhur P.W. 1 and Smt.
The de ceased attempted to run back to his house but fell down near the door step.
On the day in question Lurkhur was preparing his food near his house and the deceased was at a well nearby.
Appeal by special leave from the judgment and order dated August 31, 1964 of the Allahabad High Court in Criminal Appeal No.
The wound was then bleeding.
When Baul passed that way there was an exchange of abuses and Baul raised an alarm.
The deceased never regained companysciousness after he received the blows and died in the hospital about 11.30 the same night.
The Sub Inspector, after recording the first information report, went to the hospital, found the deceased unconscious and, therefore, went to the spot where he found numberwitness except the wife of the deceased person.
397 of 1963.
There was also an abrasion on the back of right elbow joint.
swelling 3X2 on right side of head 1/2 above the right ear.
It appears that Baul, the first appellant, and Lurkhur P.W. 1 who are brothers in law were at loggerheads over a right of way.
The right and left hemisphere was entirely companyered with clotted blood.
He went back to the hospital and then went in search of the appellant Sadhai and arrested him in the village after 10 p.m. The other two accused surrendered in companyrt later on June 18, and June 20.
The deceased was examined while he was still alive by Dr. N. D. Burman P.W. 3 and his report shows that he had a mutilated wound of I X1 10 X 1/4 on the left side and the head 21 above the left eye brow with swelling 4X4 1/2 in area.
The Police Station House is situated within a distande of a mile from the scene of occurrence.
The appellants and Ramdeo thereupon retreated.
Both the injuries were said to have been caused with a blunt weapon such as a lathi.
a companytusion 2 1/2Xl on the right side of the forehead 1/2 above the right eye brow.
There are five eye witnesses of the actual occurrence of whom only two have been believed.
K. Chakravarti and C. P. Lal, for the appellants.
The prosecution case against them is that on the evening of June 7, 1962, about sun set they attacked one Ramdular causing him fatal injuries on his head with a lathi resulting in his death.
K. Jain and O. P. Rana, for the respondent.
The first appellant Baul is said to have instigated the assault and the original prosecution case was that the other appellant Sadhai and Ramdeo the acquitted accused assaulted Ramdular.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
After the death of the deceased postmortem examination was done by Dr. L. Gouta P.W. 7 .
They were prosecuted with one Ramdeo who has been acquitted by the High Court.
There were two other injuries on the head which were simple.
This witness was his companypanion on this trip.
47 of 1965.
He also had a bluish swelling 2 1/2X2 on the right side of the scalp 2 above the right eye brow.
He never regained companysciousness before his death.
The Judgment of the Court was delivered by Hidayatullah, J. The appellants are father and son.
Medical evidence established that the deceased died as a result of two fatal blows on the head, both of which appeared to have caused extensive fractures of the skull.
Mangani P.W. 2 the wife of the deceased.
The occurrence took place in this way.
Report of the incident was made between 7 and 8 p.m. but was actually recorded at 8 p.m. Badshahpur Hospital is situated within 2 3 furlongs of the police station house and the deceased was sent in an unconscious companydition to the hospital.
He examined one witness in support of this statement.
He had the opportunity to examine the injuries more closely.
Three other witnesses, Ram Saran P.W. 4 , Ram Dular P.W. 5 and Ram Swaroop P.W. 6 were also examined.
Congested clotted blood was present all over the bones of the head.
Internal examination disclosed left and right perietal bones fractured at many places.
Front perietal bone of the head was fractured at its joint.
