Hence this appeal by the State.
The whole case rests only on the evidence of PWs.
The occurrence is stated to have occurred on 4 11 1977 at about 8.00 a.m. near a field.
P.W. 3 examined the deceased and found on his person six incised injuries, fracture of both bones of the right forearm and swelling on the left hand vide wound certificate Ex.
On seeing P.W. 5 being beaten the deceased went to the spot to rescue his wife and intervened.
Thereafter, both the respondents and the acquitted accused beat indiscriminately the deceased and caused several injuries on his body.
The second respondent herein, namely, Patel Govind was armed with a spear and the first respondent, Mohan Mulji, and the acquitted accused were each armed with the stick.
The respondents Nos.
P.W. 5 states that she was assaulted by the second respondent with a sharp edged pointed weapon on her leg but we do number find any companyresponding injury on her person.
PW 5 was following her husband walking.
1168/78 whereby the High Court reversed the judgment of the trial Court companyvicting the two respondents herein under Section 302 read with Section 34, I.P.C. and Section 325 read with Section 34, I.P.C., and sentencing each of them to undergo imprisonment for life and for a period of two years rigorous imprisonment respectively.
P.W. 5 is numbere other than the wife of the deceased and she is an injured witness.
Then a case was registered and the investigation proceeded.
This appeal is preferred by the State of Gujarat feeling aggrieved by the judgment of the High Court of Gujarat dated 26th November, 1979 made in Criminal Appeal No.
P.W. 3 sent information for recording a dying declaration of the deceased as his companydition was very serious.
It is said that P.W. 5, the second respondent, gave a blow with spear on the leg of P.W. 5 and thereafter all of them beat P.W. 5 with sticks.
5 and 8.
Learned Counsel has shown a companyy of a death certificate which he has number undertaken to produce with a memo before the Court.
But unfortunately on the way to the Hospital the deceased expired.
P.W. 3 then examined the injured P.W. 5 and found on her person three companytusions and a swelling as recorded in the wound certificate Ex.
The trial Court found these two respondents guilty as aforementioned but found the third accused Puribai number guilty and acquitted her by giving the benefit of doubt.
The occurrence was witnessed by P.Ws.
According to the prosecution these two respondents along with their sister by name Puribai who was arrayed as accused No.
In spite of the close relationship and in spite of the fact that the occurrence had taken place in the broad day light as rightly pointed out by the High Court, the entire case of the prosecution suffers from many infirmities which companypel this Court to affirm the judgment of the High Court.
3 before the trial companyrt, in furtherance of their companymon intention caused the death of the deceased who was numbere other than the elder brother of the respondents and also injured P.W. 5, the wife of the deceased.
1 and 2 are brothers.
However, at the Hospital, the Police on information came to the Hospital and companyducted the inquest over the dead body at about 2.15 p.m. After the inquest was over a statement was recorded from P.W. 5 at about 5.00 p.m. which statement is the basis for recording the first information report in this case.
After the respondent had left the scene of occurrence along with the acquitted accused, P.Ws.
6 and 7 came on being informed by P.W. 8.
The Investigating Officer after companypleting the investigation laid the charge sheet against the three accused inclusive of these two respondents.
On the day of occurrence, the deceased accompanied by his wife PW 5 proceeded to his field riding on a cycle.
But even before his dying declaration was recorded by any Officer, P.W. 3 sent the injured persons to Junagadh City Hospital for further treatment.
At that time the second respondent gave a blow with a spear on the left leg of the deceased.
After they crossed one field from the Village these two respondents and the acquitted accused Puribai came and attacked P.W. 5.
The injured persons were removed to the local dispensary.
5 and 8.
At this stage it was brought to our numberice that the second respondent, namely, Govind Mulji, had expired on 27 7 1983.
These two companyvicted respondents preferred an appeal before the High Court which for reasons mentioned in the impugned judgment acquitted these two respondents.
