Both companyrts rejected the statement of Ram Pratap but the statements of Gyaniram and Jora were accepted by the High Court although they were rejected by the Sessions Judge.
2 with a blunt weapon and both these injuries were grievous and were individually and companylectively fatal sufficient to cause death.
The learned Sessions Judge described Hazari as a facile fluent liar but his testimony was accepted by the High Court.
119 of 1954 arising out of the judgment and order dated March 23, 1954, of the Court of the Sessions Judge at Ganganagar in Original Criminal Case No.
Shivlal was then taken to Raisinghnagar by Bhaggu and Jagmal on a she camel to the shop of Gyani ham P. W. 4.
The companyvicted persons have obtained Special Leave to appeal under Art.
Appeal by special leave from the judgment and order dated January 27, 1956, of the Rajasthan High Court at Jodhpur in Criminal Appeal No.
They produced two eye witnesses Begaram P. W. 2 and Hazari P. W. The dying declarations were made to three persons first to Jora P. W. 7, later to Gyaniram P. W. 4 at his shop and lastly to Ram Pratap P. W. 5 who arrived at the shop at 6 p. If the dying declaration was made to this witness it must have been at that time.
Ram Pratap came at about 6 p. m. Shivlal repeated the story to him and was then taken to the hospital by Jagmal, Bhaggu and others.
Hazari found Shivlal seriously injured and unconscious.
1 was with a sharp edged weapon and injury No.
Kan Singh and T. M. Sen, for the respondent.
There Shivlal told Gyani Ram also that Bhagwandas, Netram and Rameshwari had assaulted him because of the water dispute and also asked Gyani Ram to send for his son Ram Pratap and his Artya Commission Agent Ishardas.
This occurrence was witnessed by Hazari P. W. 3 who was grazing his camels in the field of Surta.
According to the doctors evidence Shivlal was unconscious when he was brought to the hospital at 5 p. m, He had 15 injuries on his body, out of which injury No.
CRIMINAL APPELLATE JURISDICTIONCriminal Appeal No.
get him the rest of his turn of water, i.e., for 3 1/2 hours after the diggi had been filled up.
he appeal is founded on two grounds 1 that there was numberevidence against the appellants sufficient to warrant a companyviction and 2 that there were numbercompelling reasons for reversal of the judgment of acquittal.
According to the prosecution the canal after a temporary closure restarted flowing on May 5, 1953.
The diggi was filled up by 1 p.m. on the 7th.
74 of 1953.
Mohan Behari Lal, for the appellant.
50 of 1957.
He went up to the place where the beating was going on and shouted to the assailants who went away leaving their kassi behind.
The order as to Mt. Rameshwari was affirmed and she was acquitted.
The Judgment of the Court was delivered by KAPUR J. Bhagwandas and Netram are two brothers who along with Mt. Rameshwari, a daughter of the former, were tried by the Sessions Judge of Ganganagar for an offence under s. 302 of the Indian Penal Code but were acquitted.
136 of the Constitution.
Mirab Ram Karan P. W. 1 with the companysent of Shivlal diverted the water for the purpose of filling up the diggi, promising him Shivlal to.
1957 April 2.
P 1 by Ram Pratap s o Shivlal.
He sprinkled some water on his face which revived Shivlal and the latter asked Hazari to take him to the Thana but Hazari helped him to walk up to the Khala threshing floor of Hukma which was at a short distance from that place.
He was of the opinion that the evidence produced by the prosecution was number free from suspicion and number sufficient to companyvict them .
It was recorded on May 7 at about 7 30 p. m. The prosecution supported their case by the evidence of two eye witnesses, dying declarations made to 3 persons and on the recovery of the kassi.
At the hospital he was treated by the doctor P. W. I I but died the following day 8th at 8 15 a. m. The First Information Report was based on a written report Ex.
Begaram P. W. 2 was disbelieved both by the Sessions Judge and the High Court.
Hazari P. W. 3 has stated that he left Shivlal with Jora, Jagmal, Bhogar, Begaram and Binja, and on their asking him he Hazari told them what he had seen.
