The medical evidence indicates as under Three incised wounds were found, viz.,
We have heard learned companynsel on both sides, This appeal by special leave arises from the order of acquittal passed by the High Court of Madhya Pradesh, Jabalpur Bench in Criminal Appeal No.
53 of 1987 on June 28, 1990.
The case of the prosecution is that on July 11, 1986, at about 6.30 p.m, while the deceased was returning after taking water from the tank, the respondent accused came from behind and gave a blow with falia and went away.
1 SCR 333 The following Order of the Court was delivered Delay companydoned.
On appeal, the High Court acquitted the respondent.
P.W, 2, Ratan Singh, son of the deceased who is an eye witness to the occurrence raised an alarm upon which P.W.3, Vesta, P.W. 4, Nawal Singh, P.W. 5, Arnar Singh and others came to the scene of occurrence whereat Ratan Singh, P.W.2 narrated that the accused came from behind and attached the deceased.
1 oblique incised wound about 5 x 2 bone deep, bral spine present over antero Iatcral aspect of left side neck upto nape of the neck, body, lamine and spine of the chakeal spine were cut 2 incised wound about 1 1/2 x1 deep upto mandible over left cheek ad 3 incised wound about 2 172 x1/4 over posterelateral aspect of left side elbow joint, on dissection, internal injury was found and spine lamine and vertebral body in almost companypletely set at like level of 7th cervical vertebral spine and is almost companypletely several at this site.
After investigation, the accused Was apprehended and after all the witnesses were examined, the trial Court companyvicted the respondent accused for offence of murder under Section 302, IPC and sentenced him to undergo fife imprisonment.
JUDGEMENT 1996 SUPP.
Leave granted.
The FIR was lodged at 9.30 p.m. on the same day.
The deceased was taken to the hospital and was declared dead.
Hence this Appeal.
