Ten accused, including the eight appellants Ram Saha has number filled any appeal and Uma Shankar has since died in jail were tried for offence under Section 302 read with Section 149 IPC and Sections 148 and 147 IPC.
First Information Report of the occurrence was lodged at 3.30 p.m. at Police Station Gunnore on February 23, 1984 by Ram Lakhan PW 1.
In brief, the prosecution case is that on March 23, 1983 at about 11 a.m. at Village Chhigamma Police Station Gunnore, the appellants along with Ram Sahai and Uma Shankar on account of previous enmity, attacked deceased Halke who was sitting in the house of Khajju causing him several injuries to which he succumbed later on.
Injuries were also caused to Ram Lakhan PW 1 and Sahodara Bai PW 7.
The anxiety of their relations was naturally to provide first aid to them, rather than to rush to the police station to lodge the report.
The Judgment of the Court was delivered by DR ANAND, J. This appeal under Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act,1970, is directed against the judgment of the High Court of Madhya Pradesh in Criminal Appeal No.1326 of 1985, vide which the judgment of acquittal recorded in favour of the appellants and two others by the Additional Sessions Judge was set aside.
That apart, the lodging of the report at the police station at 3.30 p.m. in respect of occurrence which took place at about 11 a.m. cannot be said to be delayed lodging of the report.
