Thereafter, injured Kaluram was taken to Railway Hospital in a taxi from where he was referred to Mahatma Gandhi Hospital for treatment where Kaluram passed away at 1.30 A.M. At the hospital itself Mukesh PW 6 at 2.15 P.M. gave a parcha bayan Ex.
When Kaluram as also Chetan Prakash refused to give their personal search, Vishal Singh accused appellant herein, took out a knife from his pocket and inflicted the fatal blow on the chest of Kaluram.
The other companyaccused persons were companyvicted under Sections 323 and 341 and were released on probation.
Learned companynsel for the State on the other hand submitted that there was numberquarrel as claimed by the accused.
When PW 6 Mukesh and PW 7 Chetan Prakash intervened, all the assailants made good their escape.
After investigation charge sheet was filed.
Co accused Manoj Kumar inflicted a stone blow on the head of Kaluram.
In appeal, the stand taken before the trial Court was re iterated.
They stopped the deceased and others and asked wherefrom they were companying and called them thieves and wanted to take their personal search.
After walking few steps Kalurarn became unconscious and fell down.
By the side of the road, five persons were standing with a scooter and a Hero Puch.
The accused alongwith four others faced trial.
Therefore, Exception 4 to Section 300 has numberapplication to the facts of the case.
P.7 to Girija Shankar, S.I. PW 3 who sent the same to Police Station Sardarpura where FIR Ex.
One Manoj Kumar who had faced trial alongwith the appellant was acquitted of all charges.
The remaining three persons started beating by fists.
Since the accused persons pleaded innocence trial was held.
Knife Article 1 was recovered on the voluntary disclosure statement given by appellant which was seized, sealed and sent to the FSL where it was found stained with human blood.
P/24 was recorded at 2.30 A.M. Immediately thereafter all the five accused persons were put under arrest.
