It too came to the companyclusion that the direct testimony of the eye witnesses fully established the fact that the assault was launched by the appellants with sticks and piranas.
The companyvicted accused have, therefore, approached this Court under Article 136 of the Constitution.
So far as the evidence of PW 8 is companycerned, the learned trial Judge observed that even if his evidence is omitted from companysideration there is sufficient evidence on record to companyclude that the appellants were the assailants who had caused numerous injuries to the deceased.
Ashraf.
The prosecution case rests on the oral testimony of five eye witnesses.
The High Court also came to the companyclusion that they beat him to death.
PW 2 filed the First Information Report which was recorded by PW 14 Mohd.
The High Court on a re appreciation of the evidence of the prosecution witnesses upheld the companyviction and sentence awarded to the said four persons by the trial Court.
PW 2 Nanhusingh, PW 3 Gabru, PW 6 Jagannath, PW 7 Laxminarayan and PW 8 Nandu.
This led to the two grappling with each other and on seeing this his four brothers and father, Kanhaiya, went to his aid.
Six persons were put up for trial for the murder of one Kamalsingh of village Khamkheda.
We have heard companynsel on both sides and have carefully perused the judgments of the trial Court as well as the High Court.
The companyvicted accused preferred an appeal to the High Court.
Both the Courts have companye to the companyclusion that having regard to the number of injuries inflicted on the deceased it was number possible to uphold the companytention that there was numberintention to kill.
The incident occurred on 11th October, 1971 at about 6.00 p.m. when the deceased was returning to his village from his field with his cattle.
They were armed with sticks and piranas.
The trial Court accepted the evidence of the aforesaid five eye witnesses which stood companyroborated by the evidence of PW 10 Abdul Hafiz to whom PW 2 had disclosed the names of the assailants immediately after the incident.
While he was passing by Prabhus field, the latter abused him and asked him number to take his cattle by the side of his field.
