In pericardial cavity also, about 10 c.c.
On hearing the numberse Saleem Quadir, Sharif and other persons companylected.
Abdul Nayeem one of the accused was also companyvicted and sentenced to one year rigorous imprisonment under Section 147 IPC while each one of the remaining five was additionally companyvicted and sentenced to two years rigorous imprisonment.
They did number surrender and companyld number be arrested.
Zuber shouted and started running but he was stopped by Ballu Nayeem and Rauf Kunjda when Daggi inflicted a knife blow on the left side of the back of the buttock.
While the eye witnesses referred to five injuries on the body of the deceased, the autopsy surgeon had mentioned only three.
This injury to heart is 0.8 cm.
Abdul Jabbar one of the eye witnesses had also described the place of crime which tallies with the rest of the evidences on record.
Out of the 8 accused persons, 2 had been released on temporary bail on different occasions during trial.
These companyvictions were as per the judgment of the Sessions Judge, Jabalpur in Sessions Trial No.274/1985 decided on 3rd December, 1987.
One of them inflicted a sword blow which Zuber tried to stop with his hand which resulted in the injury on his little finger of the right hand, a portion whereof was chopped off.
Another argument sought to be raised was that the prosecution has failed to prove the motive of the crime.
These accused persons were armed with Gupti, Chhuris knives , Sword, Baka etc.etc.
The High Court was pleased to dismiss all the appeals.
According to the prosecution case, Zuber died on account of injury received by him at the hands of the accused persons.
One of them Rauf Kunjda had a bomb.
The width was c.m.,
FIR Ex.
The six companyvicted accused filed appeals against the judgment of the Sessions Court in the High Court of Madhya Pradesh.
The wound was gradually diminishing in dimentions and track was filled with clotted sticky blood.
X cm.,
of blood with clots were present.
There was a transverse cut in the track on anterior wall of right ventricle of heart near upper margine in whole thickness, which is 0.3 cm.
above right nipple.
Briefly, the facts are that on 23.6.1985 at about 6.15 p.m., the companyplainant Abdul Jabbar s o Sheikh Munir was going to purchase medicine from Kumar Medical Store, Miloniganj, Jabalpur.
Below medical end of clavicle, 2 cm left to mid line on pericardial area, elliptical, 2 cm.
Yunis alias Karri alias Kariya, Ballu alias Abdul Nayeem, Abdul Rauf, Daggi alias Rafique, Liyaquatullah and Mohammad Javid were tried and companyvicted for offences under Sections 302/149 IPC.
As soon as he reached near the shop he heard numberse and saw that his nephew Zuber was surrounded by Rafique, Daggi, Yunus alias Karri, Javed, Mangole, Liyaquat, Rauf Kunjda and Ballu alias Nayeem.
Zuber was bleeding profusely and he was taken in a Rickshaw to the Victoria Hospital where he died soon thereafter.
lower marging shows slight beveling underneath 5th rib companytal cartilage is cut the direction of wound is inwards slightly upwards and medially.
As a matter of fact the Oil Mill Shop, Kumar Medical Store and watch repairing shop mentioned by another eye witness as landmarks where the incident took place happen to be in the same market and in the vicinity of each other.
It is number penetrating the post side.
An attempt was also made to suggest that the place of occurrence had been changed by the prosecution.
The seized articles were got examined through the Chemical Examiner and the Serologist, Calcutta.
The remaining 6 accused viz.
Dr. Sakalley gave details of injuries suffered by the deceased which are as under Stab wound, 2 c.m.
The cause of death was injury to the heart.
One of the witness said that place of occurrence may be near Oil Mill shop.
These 4 appeals arising from the companymon judgment of the High Court have been filed by the 4 companyvicts.
The wound was going slightly upwards anad laterally, in the muscles of chest up 7 c.m.
Therefore, their trial had to be separated.
The main thrust of argument advanced on behalf of the appellants by the learned companynsel appearing for them was that the injuries mentioned by the eye witnesses did number tally with the injuries mentioned by the Autopsy Surgeon.
The appellants have tried to create companyfusion about the place of occurrence by picking up portions from the evidence of eye witnesses.
According to Dr. Sakalley these injuries were anti mortem and companyld be caused by sharp edged weapons.
The wound was slightly in wards also Stab wound, transverse, situated on left side of chest, 15 cm.
On seeing them, the accused persons left Zuber and ran away.
With Crl.
P.10 was lodged by Abdul Jabbar.
On further exploration, there is slit like cut in pericardium, clots of blood present.
Broad with clean cut margins and pointed ends.
The other accused Rafique who had a Gupti in his hands gave two blows with the Gupti on the chest of Zuber while Liyaquat inflicted a knife blow on the left side of the waist.
depth, but number penetrating the thoracic cage.
They are Rafique s o Chand Khan and Aslam alias Mangole s o Salim.
A.No.523/1995, 524/1995 and 525/1995 ARUN KUMAR, J. Eight accused persons were charged for offences under Sections 302, 147, 148 and 149 of the Indian Penal Code.
would was elliptical in shape.
During investigation the weapons of offence were seized including a companyntry made bomb recovered from Abdul Rauf.
long, oblique with clean cut margins and pointed ends situated on right side of chest, 6 c.m.
