Both the brothers took their cycles to the cycle stand of the appellant.
As they were going inside the cinema hall, the appellant called them and asked them as to why they had number kept the cycles at his stand, whereupon PW 6, told the appellant that they did number want to have a quarrel with him.
Then he called a rickshaw and took his brother in rickshaw to the Irwin Hospital, Jamnagar.
They took out their cycles from the stand and placed them in charge of a hotel keeper, just on the opposite side of the theatre.
He sat on the bench of the hospital.
He left him on the steps of the Ambar Talkies and went into the office and tried to companytact the police by telephone.
On May 8, 1977, the Investigating Officer, arrested the appellant.
He also prepared an injury report in respect of the injuries on the person of PW 6 and sent him for medical examination and treatment to the hospital.
After investigation, charges were laid against the appellant and two others for offences punishable under Sections 302, 302 read with Sections 34 and 325 of the Penal Code.
He took the Investigating Officer and the panch witnesses to his house and took out the knife from the companyrtyard of his house.
Then he sent the dead body for postmortem examination.
Sharad Kumar deceased , the brother of PW 6, said that in other theatres only 15 paise per cycle was being charged as such why they were being asked to pay 20 paise per cycle.
The appellant expressed his willingness to produce the knife used in the companymission of an offence.
The appellant gave a slap to Sharad Kumar deceased .
He took possession of chappals of the deceased, bloodstained crust of cement plaster and recorded the statement of other witnesses.
At that very moment, the two companyaccused since acquitted came there.
The doctor who examined his brother, declared him to be dead.
PW 6 was asked to pay 40 paise as the charge for keeping the cycles in the stand.
The accused persons ran away.
Head Constable, Gopinath PW 19 , who was on duty at the Irwin Hospital, informed the P.S.I. Shimpi by telephone, that a fight had taken place in the Amber Talkies and the dead body of one Sharad Kumar had been brought to the hospital.
The persons present in the office did number permit him to talk on the telephone.
The appellant caught hold of the hand of PW 6, twisted it, gave a fist blow on his ribs.
S.I. Shimpi PW 21 having received the telephonic message aforesaid at about 6.50 p.m. rushed to the Irwin Hospital and recorded first the statement of PW 6 and sent the same to the city police station for registration of a case.
The appellant asked PW 6 and his brother to get out of the companypound.
The appellant took out a knife and gave a knife blow on the left chest of the Sharad Kumar, who fell down.
In order to avoid a quarrel, PW 6 said to his brother, Sharad Kumar, that they shall number keep the cycles at the said stand.
PW 6 was shocked.
The Judgment of the Court was delivered by P. SINGH, J. The appellant, who had been acquitted, by the trial companyrt, for an offence under Section 302 of the Penal Code, has been companyvicted by the High Court for the said offence and sentenced to imprisonment for life, on an appeal filed on behalf of the State.
The trial companyrt gave benefit of doubt to the accused persons and acquitted them of the charges levelled against them including against the appellant.
PW 6 tried to lift his brother Sharad Kumar and tried to take him inside the Ambar Talkies, but he companyld number lift him.
Thereafter, he held inquest on the dead body of the deceased and prepared an inquest report.
Thereafter a scuffle took place.
The prosecution case is that on May 7, 1977 at about 5.30 p.m. Sanat Kumar PW 6 the informant, had gone to the Ambar Talkies, along with his brother, Sharad Kumar deceased for the evening show.
Then, the Investigating Officer PW 21 , went to the scene of occurrence and prepared a panchnama of the place of occurrence.
