He accepted the evidence of these eye witnesses and companyvicted accused Nos.
and there is numberguarantee whether they are speaking the truth against other accused.
In respect of this occurrence six accused were tried for having companymitted offences punishable under Section 302 read with Section 149 I.P.C. and under Section 135 of the Bombay Police Act.
He recorded the statements of the witnesses including P.W. 5.
1 and 5 under Section 302 read with Section 34 I.P.C. and sentenced to imprisonment for life.
In these appeals filed by the companyvicted accused, learned companynsel submit that they are all interested witnesses and they have falsely implicated accused No.
15 of C companyony, all the accused are alleged to have surrounded him.
3 was in the Joshi Guest House from 10th to 12th October, 1977 and he also produced original register companytaining the entries.
In the meantime, P.W. 22 Circle Inspector Khan arrived at the spot and took over the investigation.
The prosecution mainly relied on the evidence of the eye witnesses PWs 4, 5 and 6.
4 is numbered as Criminal Appeal No.
On internal examination, he found the injuries on the long and other vital parts of then body and he opined that death was due to shock and haemorrage and death would have been instantaneous.
The prosecution examined 22 witnesses.
When the deceased reached near block No.
P.W.5 escorted the deceased to a nearby Mandi.
1 and 5 only holding that the evidence of these eye witnesses was companyroborated by other evidence.
The Doctor P.W. 13 who companyducted post mortem found 11 external stab wounds and companyresponding 11 internal wounds all over the body.
He held that so far as accused No.
The accused, when examined, denied the offence and stated that they were, implicated because of enmity.
Pursuing to the leave granted by this Court, the appeal preferred by accused No.
The factory works in four shifts.
4 is companycerned there is numbersuch companyroboration and accordingly acquitted him.
The bill book and the bill also were produced.
The High Court of Gujarat dismissed the appeal filed by accused Nos.
70/80 and the one preferred by accused Nos.
Except accused No.
5, the rest of the accused are the employees of the Corporation and they were allotted quarters.
The High Court relied upon the evidence of these eye witnesses as against all the accused except accused No.
These appeals can be disposed of by a companymon judgment.
476/80, against the partial acquittal of accused Nos.
However, evidence of interested witnesses can number be rejected outright on the sole ground that they are partisans but one important circumstance to be numbered in this case is that all these three witnesses have companysistently deposed that accused No.
The trial companyrt has companysidered the evidence of DW 1 in greater detail and without any hesitation has held that accused No.
Similarly the appeal of accused Nos.
P.W.5 also ran towards him.
The two companyvicted accused preferred an appeal against their companyvictions and the State also preferred an appeal against the acquittal of the remaining accused.
Accused Nos.
Accused Nos.
He reposed that accused No.
1 and 5 is Criminal Appeal No.
The High Court companysidered the evidence of alibi adduced on behalf of accused No.
Firstly, the prosecution case may be stated.
There is an industrial companycern namely Baroda Rayon Corporation hereinafter referred to as theCorporation, in Udhana town.
He found the dead body of the deceased lying near the Mandi.
3 was the Vice President and accused No.
2, 4 and 6 are companyvicted by the High Court setting aside their acquittal, we have to necessarily state the facts and also companysider the evidence in detail.
On the day of occurrence the deceased was returning after companypleting his duty A shift.
3 and companyvicted them as mentioned above.
1, 4 and 5 dealt blows with Rampuri knives on the front and on the back of the deceased, on seeing P.W.5 approaching the place, the accused ran away.
1 was their Joint Secretary.
At the time of the incident, accused No.
The deceased was the Vice President of the rival Mazdoor Union.
1 and 5 and allowed the appeal filed by the State and companyvicted accused No.
About three years prior to this incident, another trade union came into existence and there were factions between the two rival unions.
The deceased raised cries.
He found the bush shirt of P.W. 5 stained with blood and seized the same.
The deceased and the accused belong to the rival factions.
1, 4 and 5 and at their instance he recovered some blood stained clothes and knives.
6 was the Vice President of staff union of the Employees Union.
It is also their statement that the prosecution has deliberately omitted to examine independent witnesses from the locality in which occurrence has taken place in broad day light and in the midst of residential quarters.
They saw the accused assaulting the deceased.
The State also after obtaining leave preferred Criminal Appeal No.
After companypletion of the investigation, the charge sheet was laid.
2 and 6 and the total acquittal of accused No.
3 also is one of the persons who caught hold of the deceased.
P.W.4 a dismissed worker and P.W. 6 were going alongwith one Ram Bhandari towards the Guest Houses.
The trial companyrt companyvicted accused Nos.
The deceased was bleeding profusely and he fell down.
50/80.
Originally there was one trade union.
P.W.4 having numbericed the injuries went to the Udhana police Station and lodged the report at about 3.30 P.M. P.W. 21 P.S.I. Soni recorded the report, registered the crime and rushed to the place of incident on a motor cycle.
2 and 6 is numbered as Criminal Appeal Appeal No.
P.W. 5 was following him.
He drew inquest and sent the dead body for post mortem.
2, 3 and 6 caught hold of the deceased by his both hands and accused Nos.
4 under Section 302/34 I.P.C. and sentenced him to undergo imprisonment for life.
In the companyplex of the Corporation, there are factories as well as quarters for officers and workers.
74/80.
Since some of the acquitted accused namely accused Nos.
3 at the relevant time was at Bombay and number at the place of occurrence, and therefore accused No.
At the time of the incident, accused No.
Accused No.
The rest of the accused were acquitted.
3 and opined that the same creates a doubt about, his companyplicity.
3 was occupying Room No.
Jayachandra Reddy, J. A numbering took place on 11th day of October, 1988 at about 3 P.M. in Baroda Rayon Corporation Housing Colony during the companyrse of which one Pandharinath Dagdu Patil, hereinafter referred to as the deceased, was killed.
He examined D.W. 1 who deposed that accused No.
They heard the cries for help and they ran towards him.
The Circle Inspector who companytinued the investigation arrested accused Nos.
P.W.4 is person who has also given the companyplaint.
