In that companyrt, Kartarey said They entered into my house and beat me.
With regard to dates and times, as revealed by cross examination, Jagram was number a dependable witness at all.
The Investigator seized the same.
They tried to force open the door but were unsuccessful.
They are big men.
Kaila said Tejpal went to my house and entered the house forcibly.
All the accused denied the prosecution case.
The Investigator took over the custody of the three accused and of the bloodstained churra that had been seized from the Kartarey.
Before the Committing Magistrate, in answer to the last Question, Smt.
Nain Singh, P.W. 1, accompanied by Charan Singh and the Sarpanch went to the Police Station, Civil Lines Meerut, 5 miles away, and handed over the written report, Ex.
They go me Challenged by companyluding with the police.
I got his kirpan and saved myself.
Each of the first three was sentenced to death and the rest to imprisonment for life.
By the time they reached the house, the accused had taken the deceased inside and bolted the entrance door from within.
The heart was found punctured at the base of the left auricle and so was the diaphragm.
The alarm raised by these witnesses attracted Nain Singh.
The clothes on the persons of Kartarey and Mst.
Banarsi also alleged false implication.
The presence of blood in the companyrtyard on the door frame of the kotha and inside the kotha companypled with the marks of dragging numbericed by the Sub Inspector, PW 22, were more than sufficient to lend credence to the prosecution story that the deceased was first assaulted in the companyrtyard and then taken into the kotha and killed there.
In answer to question No.
Leaving Khacheru at the entrance door, the other witnesses climbed the eastern wall of Kartareys house and saw, in the companyrtyard, Mst.
Ka 2, at 2 p. m. the same day.
He companyvicted all the six under Section 302/149, Penal Code.
Kaila in the custody of the villagers.
When he reached in the lane in front of the house of Kartarey, all the six accused caught hold of him and pulled him into Kartareys house.
The witnesses succeeded in apprehending Kartarey and in seizing the bloodstained chhura from him.
7 were 6.5 cm.
Kartarey 30 , Sita Ram 45 , Baljeet 45 , Smt.
I did number beat.
The facts of the prosecution case are as follows Tejpal deceased was a Thakur.
Then, it is number known whether the ground was soft or hard.
He also held the inquest.
Tejpal came and started beating me badly.
In the opinion of the Doctor, the death of the deceased was due to injury to the vital organs, inflicted with a sharp edged weapon like a knife or a katar.
Neither Ram Karan, Sitaram and Baljeet were present there, number they ran away.
The remaining three assailants, however, escaped through the adjoining house of Sita Ram.
He is a blind person.
After registering the case.
Their death sentences were also companymuted to imprisonments for life.
The witnesses found Tejpal lying dead in the Kotha.
The companyvicts appealed, while a reference under Section 374, Cr.
The length and breadth of wounds 9 and 10 was 6 cm.
This dimension wise classification of the injuries into three groups points with reasonable certainty to the companyclusion that stabs 1, 2, 3, 4, 5 and 15 were caused with one weapon stabs 6, 8, 11, 12, 13 and 16 with another and stabs 7, 9 and 10 with a third.
The other internal organs also were found injured.
On 1 5 1969, at about numbern, the deceased was returning home from his fields.
At the trial, also, Smt Kaila stated I was all alone in house.
He wanted to outrage my modesty.
Sub inspector Murari Lal.
Thereupon the appellant went to the Police Station and was arrested there.
The Investigator sent them for medical examination.
He started outraging my modesty.
The absence of any marks caused by dragging on the body of Tejpal does number in any way undermine the veracity of the ocular account of eye witnesses.
Kaila and Banarsi.
P.C. was made by the Sessions Judge for companyfirmation of the death sentences.
Kaila, Banarsi and Ram Karam holding the deceased while Kartarey was assaulting him with a chhura and Baljeet and Sitaram with Katars.
They were also companyvicted under Section 148, Penal Code.
P 1, and by the other two with katars.
5, at the trial, Kartarey said The house of Sitaram adjoins my house, but there is numberopening in the middle wall.
He examined Rumal D. W. 4 and Sukhey D. W. 5 to substantiate his story.
Sitaram, Ram Karan and Baljeet pleaded alibi.
I finished him in self defence.
On the 3rd May, Sita Rams brother came and informed him that Tejpal had been murdered and that the appellant had been named as one of the culprits.
If he was carried into the kotha, numbersuch marks or injuries would be caused in the process.
The post mortem examination of the dead body of Tejpal was performed by Dr. Radha Mohan who found 16 stab wounds on the chest, abdomen, back and left middle finger of the deceased.
He struck kirpan on my hands and face.
On seeing this, Khacheru P.W. and Sripal, P.W. 2 who were sitting under a tree in the same lane, sensed mischief So they ran to the house of Kartarey raising shouts for help.
P.W. 7, reached the scene of occurrence.
Both the lungs were found punctured.
He forcibly loosened my petticoat.
It all depends on the manner in which the deceased was taken from the companyrtyard into the kotha.
I and my brother and my wife were beaten by having entered my house.
The witnesses jumped into the companyrtyard whereupon the assailants dragged the deceased into the Kotha.
x 2 cm.
Kartarey, Banarsi and Mst.
Kaila 27 , Benarsi and Ram Karan all residents of Giaspur were tried by the First Temporary Sessions Judge, Meerut for rioting and companymitting the murder of their companyvillager, Tejpal.
Ram Karan surrendered in Court on 6 5 69.
When I kicked him, he fell down.
Thus the medical evidence lends valuable companyroboration to the ocular account of the eye witnesses inasmuch as they say that these injuries on the deceased were inflicted by three persons, one with a chhura.
They also secured Mst.
He found Kartarey, Banarsi and Mst.
As soon as I came inside my house after taking the bath the Chauhans started beating me with lathis and I having fallen down became unconscious.
Baljeets plea was that at the time of occurrence, he was in the paith market at Maidpur for selling baan companyd .
In reply to the last question he said I did number beat Tejpal, number do I know anything about his death.
Six persons viz.,
S. Sarkaria, J. This appeal by special leave is directed against a judgment of the High Court of Allahabad.
He examined Jagram D. W. 1 to prove his alibi.
Kaila had injuries.
P.W. 1, father of the deceased Subrati, P.W. 3, Prahlad Singh P.W. 4, Attar Singh and one Kantu Singh.
Baljeet was arrested the same day, Sitaram three days later.
Kaila were found blood stained.
Kartarey, Sita Ram and Baljeet have number companye to this Court in appeal after obtaining Special Leave under Article 136 of the Constitution.
These persons heard the shrieks of the deceased emanating from inside the house.
The sealed parcel companytaining this chhura was sent to Chemical Examiner and Serologist who reported that there was human blood on this weapon.
