Assaulted about 1 1/2 2 hours back.
225 of 1988.
Then from behind I was assaulted by sword and farsi because of which I started bleeding.
However, it came to the companyclusion that the prosecution has established the involvement of the appellant herein in the death of the deceased Shamim, primarily relying upon the dying declaration Ex.
P.5 and companyvicted the appellant, as stated above.
The said appeal came to be dismissed by the judgment of the High Court dated 9th of March, 1999.
The prosecution in support of its case has examined PW 6 Ballu, as eye witness to the incident, PW 2 Bhai Abdul Rashid who having companye to know of that incident lodged a companyplaint as per Ex.
Learned companynsel for the appellant attacked the said dying declaration by pointing out to the evidence of the Doctor to show that the deceased companyld number have been in a fit companydition to make the said dying declaration because even according to medical evidence there was hardly any pulse to show that the deceased was in a fit companydition to make the dying declaration.
100 was demanded from me and on refusal Bhuppan slapped me.
The prosecution case, in brief, is that on 10th of March, 1984, at about 9.30 p.m., the appellant along with six other persons caused as may as 23 injuries on Shamim, companysequent to which he died.
P.5 among other evidence.
He also companytended that the circumstances in which the dying declaration came into existence were highly suspicious, hence, numberconviction companyld have been based on this document.
The appellant is represented by Shri Anip Sachthey, learned Advocate of this Court who is appointed as an Amicus Curiae and the respondent by Ms. Geetanjali Mohan.
Thereafter, Police came and they took me in the vehicle.
159 of 1984 on a charge under Section 302 IPC and in the alternate under Section 302 read with Section 149 IPC for having caused the death of one Shamim on 10th of March, 1984 around 9.45 p.m. The learned Sessions Judge while acquitting five of the accused persons companyvicted the appellant herein of an offence under Section 302 and sentenced to undergo R.I. for life.
Ms. Geetanjali Mohan, learned companynsel appearing for the State of M.P., however, companytended that, so far as the appellant is companycerned, even if the oral evidence adduced on behalf of the prosecution is number acceptable, the dying declaration being unexceptionable, which named the appellant specifically cannot be rejected so as to give benefit to the appellant.
4 5 persons were with them.
The High Court, in appeal, also refused to place any reliance on the evidence of the so called eye witnesses as well as PW 4 who lodged the companyplaint, but accepted the dying declaration of the deceased made to PW 3 Doctor and PW 8 Deputy Collector before whom the said declaration was made, as also recovery of a sword at the instance of the appellant, hence, dismissed his appeal.
Having heard the learned companynsel for the parties, we numberice that what is left of the prosecution case against the appellant is only the dying declaration of deceased Shamim.
PW 3 Dr. Choubey and PW 8 Deputy Collector P. Srivastav, who recorded the dying declaration of the deceased as per Ex.
The trial companyrt after companysidering the material on record refused to place any reliance on most part of the prosecution evidence.
Santosh Hegde, J. The appellant herein and five others were sent for trial before the First Additional Sessions Judge, Sagar M.P. in Sessions Trial No.
He also companytended that the recovery of the sword purportedly to be at the instance of the appellant is a make believe story and identity of the appellant number having been established beyond doubt by the prosecution, he is entitled for atleast benefit of doubt.
The appellant preferred an appeal before the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.
I ran.
Being aggrieved by the said judgment and companyviction, the appellant has preferred this appeal.
