The prosecution mainly relied on the evidence of P.Ws.
He found a companytused lacerated wound on the left leg, another companytused lacerated wound on the left palm and also on the right palm.
Thereupon, Babu Lal A 1 delivered an axe blow on the left leg of the deceased, causing an injury which started bleeding.
In companying to this companyclusion, the learned trial Judge examined the evidence of the two Doctors and since they did number numberice incised wound and also the head injury the trial Judge acquitted two of the accused on that ground and acquitted Behru Singh A 2 on the ground that he had a right of private defence of property.
They were tried for offence punishable under Section 302 read with Section 34, I.P.C. The State preferred an appeal against the order of acquittal and the High Court interfered and companyvicted all the three under Section 302 read with Section 34, I.P.C. and sentenced each of them to undergo imprisonment for life.
P.W. 2 gave another separate statement that he was also beaten on the way.
In the appeal, the High Court also held that these eye witnesses were present and to that extent companyfirmed the finding of the trial Court.
He also found the linear fracture of the parietal bone.
The accused Babu Lal gave a blow with blunt portion of the axe on the head.
Thereafter the accused went away.
The deceased gave a loan of Rs.
There were some other injuries on the accused and they were also examined by the Doctor.
The injured, Nathu Singh, was examined by the Doctor.
The prosecution case is as follows The deceased, Nathu Singh, the three accused, who are brothers, and the material witnesses P.Ws.
2, 3 and 5 belong to the Village Jambari, Indore District.
He gave another a blow on his right leg and accused Behru gave a ballam blow on his left hand and accused Ganesh gave a Dhariya blow on his right hand.
The deceased came and told him that unless some body arrives from the Police Station, he cannot take away the grass.
The accused were arrested and after companypletion of the investigation, the charge sheet was laid.
The injured, Nathu Singh, was admitted in the Hospital and he died on 6th November, 1978.
He opined that the deceased died of companya due to the head injury, which resulted in the fracture of the skull bones.
P.W. 2 and P. W. 5 are the sons of Ganabai P.W. 3, who is the daughter in law of the deceased.
2 and 3, who witnessed the occurrence, took injured to the Police Station and the deceased himself lodged the report at 2.45 p.m. which is registered under Sections 324, 325, I.P.C., etc.
Accused Babu Lal thereafter left and in the meantime the deceased, Nathu Singh, sent his son Jagdish P.W. 5 to the Police Station to call some Police Officers.
The Doctor, who companyducted post mortem, numbericed the fracture of the right parietal region and on internal examination he found that there was a dark black haemotoma over right parietal region.
The trial Judge examined their evidence in the light of the medical evidence and held that the injuries found are number in companyformity with the overt acts attributed to the respective accused.
This appeal arises under the provisions of the Supreme Court Enlargement of Criminal Jurisdiction Act.
In the meanwhile the accused Babu Lal came with other two accused.
These accused persons started abusing him and said that they will take away the grass and kill him.
Babu had agreed to sell his land but there was some dispute in respect of the land.
Babu Lal A 1 was armed with an axe, Ganesh A 3 was armed with a Dhariya and Behru A 2 was armed with Ballam.
He numbericed other injuries on the left leg, right thumb and another injury on the left leg.
1,700/ to one Babu Brahmin who in turn had mortgaged the disputed land.
There are three appellants.
On the date of occurrence, namely, 30th October, 1978, at about 12.00 numbern, the accused Babu Lal had got the grass of the disputed land cut and was taking it in his bullockcart.
He also found a fracture of distil end of fifth metacarpal bone.
