A 2 plunged his gupti into the abdomen on the deceased.
The trial Judge did number rely on the evidence of Dr. Shah and rejected the dying declaration on three grounds Firstly, he doubled, if the deceased companyld have at all made any statement before he expired.
The deceased somehow succeed in extricating himself from the cluthes of the assailants and moved to a nearby shop and sat there.
He also sent Head Constable Chaturbhai to Anand town to search out A 1.
Hence these appeals.
Mohd Hussain Mansuri and Kasimmiya In addition, there was the dying declaration, Ex.
After that dissolution, the deceased and his former partners started their independent businesses.
Others also beat the deceased with their weapons.
The mainstay of the prosecution case was the ocular account of the four eye witnesses viz.,
Mansuri who had removed the injured in a hand cart to the Hospital.
Sikandermiya PW 1 , a brother of the deceased who was running a pan bidi shop in the vicinity, saw the assault when be came to the rescue of his brother, A 3 gave blows to him with the hockey stick on the head, knee and leg.
Mansuri and Kasimmiya was rejected were equally grotesque.
He found one chappal, a piece of hockey stick and a blood stained plank of wood.
The reasons given by the trial Judge fir throwing overboard the evidence of the other eye witnesses were equally fanciful.
He sezed the shirt.
A 1 was armed with a A 2 with gupits and a hockey stick, A 3 was carrying a hockey stick A 4 and A 6 had dharias A 5 had a hammer stick A 7 and A 8 were armed with sticks.
Apart from Sikandrr, the occurrence was witnessed by Amirmiya Saidmiya PW.
a.m. In the meantime, the Medical Officer had sent an intimation about the death of Maiyuddin, injured in the Hospital.
His presence at the time and place of occurrence companyld number be doubted.
Thirdly, Dr. Shah, did number, even after recording this dying declaration, disclose to the persons present there that the deceased had denounced A 1, as one of his assailants.
He went into a companya and died 4 or 5 minutes thereafter at 6.45 a.m. Abdulrehman and Sikander then went to the Police Station and companytacted Head Constable Chandubhai Dayabhai.
A 2 and A 6 caught hold of the deceased, while A 1 gave him gupti blows on the, chest.
Indeed they were numberreasons.
In the Hospital the injured was removed to the operation table.
He was running pan bidi shop in the vicinity.
He seized these articles.
It was Mohd.
Doctor GB.
18, and sent the dead body for post mortem examination.
The deceased stated to the Doctor that Samad A 1 and others had caused him the injuries.
recorded by the Medical Officer, Dr. Shah between 6.35 and 637 a.m. in the Hospital.
2 , Mohmad Hussain Abderehman Mansu PW 3 and Kasammiyan Ahmadmiyan P.W. 9 .
Accused 1 and 2 are brothers and Accused 3 is the son of their sister.
As a matter of fact, Sikandar had reached the police Station without loss of time at about 7 a.m. Head Constable Chandubhai owing to ignorance or otherwise did number record his report, and for full one hour while awaiting the return of Senior Jamadar, Chandubhai, kept Sikandar under interogation in the Police Station There was on real companyflict between Sikandars evidence and the medical testimony.
He deputed a companystable to bring the accused to take Police Station Accordingly, the companystable brought A 1 A 4, A 5 and A 6 to the Police Station where the Sub Inspector arrested them.
Differences arose and the partnership was dissolved.
the three appellants along with five others who may be referred to A 4, A 5, A 6, A 7 and A 8 , all residents of Mehmedabad went in a body to Maiyuddin in the bazar.
The deceased was one Maiyuddin who was dealing in mangoes in the partnership with the acquitted accused 7 and 8 in the town of Mahmedabad.
Chandubhai expressed his inability to do saying that he was number in charge of the Police Station.
There was numbertime to call the police or a Magistrate.
The trial Judge said Amirmiya was related to the deceased that his companyduct in number using his own band cart and instead borrowing the cart of Safi PW, for removing the deceased to the Hospital was unnatural that Amirmiya did number talk about this occurrence to any one till his statement was recorded by the Police at about 2 or 3 p.m. the same day that he was a chance witness whose presence at about 6 a.m. at the cross roads was number probable that this witness did number state before the Police that A.6 had also received any injury in the melee, that the witness had the temerity to deny the fact of the presence of his son in the companyrt when he was giving evidence at the trial a fact which he subsequently admitted.
The reasons given by the trial Judge for number relying upon the testimony of the eye witnesses were equally flimsy.
They were, as the High Court has rightly observed, were frivolities simulated as reasons.
Shah, PW 16.
Secondly, In this statement, the deceased had number, apart, from Accused 1.
Amirmiyan informed Abdul Rehman, and then, these.
On April 20, 1969 at 5.45 pm.
So far as Mohd.
Subsequently Police Sub Inspector Gohil, arrived and took over the investigation.
It is thus impossible to support the finding of the trial Judge that his presence at the scene of occurrence was improbable The delay in making the FIR was fully explained.
He found blood Stains on the shirt of A 1.
He arrested A 1, A 4, A 5 and A 6 On the preceding facts, 8 persons were sent up for trial by the Judicial Magistrate, Mehmedabad, before the Court of Session at Nadiad.
They requested him to record the First Information.
These reasons were again figments of imagination, phantoms companyjured out of aery numberhing.
As a matter of fact, Sikandars version to the effect, that A 1 had stabbed the deceased in the chest, twice, and A 2 in the abdomen, was companyfirmed by the medical evidence.
He prepared the inquest report, Exh.
Sikandar, Amirmiya.
The Doctor was the best person to opine about the fitness of the deceased to make the statement, he did, the Doctor found that life was ebbing fast in the patient.
The Medical Officer, Dr. Shah, found the companydition of the patient critical.
Jamadar Raju Mia then went to the Hospital and companylected that dying declaration from Dr. Shah.
Against his order of acquittal, the State preferred an appeal to the High Court.
Each and every one of the grounds has been companysidered threadbare and squarely dispelled by the High Court.
This business rivalry led to quarrels between the deceased and Accused 1, 7 and 8.
He was a disinterested, respectable witness.
A 7 and A 8 also dealt stick blows to Sikandar.
named any other assailant.
Chandubhai however, informed Senior Jamadar Raju Mia who came and recorded the First Information given by Sikandar, at 8.
opined that there were three stab wounds in the chest and one stab wound in the abdomen of the deceased and these wounds were caused with a sharp cutting penetrating instrument, like guptis.
In such a situations the Doctor was justified, indeed, he was duty bound to record the dying declaration of the deceased.
two also reached the Hospital.
Mohamed Mansuri brought a hand cart and removed Maiyuddin, injured, to the Hospital which is at a distance of about 200 yards from the scene of occurrence.
A 6 gave a companyplaint to the Sub Inspector, and companyplained of assault by Sikandar and four others The Sub Inspector sent A 1 and A 6 to the Hospital for medical examination.
Grounds on which the testimony of Mohd.
He recorded the statement of Amirmiya.
The deceased companyld number state further anything intelligible.
therefore, thought it fit to record to the dying declaration of the patient.
The facts are these The appellants, Abdul, Samad, Abdul Vahab and Abdul Walid, are original Accused 1, 2 and 3, respectively.
S. Sarkaria, J. These appeals under Section 2A of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970, are directed against a judgment of the Gujarat High Court whereby the acquittal of the appellants was set aside and companyverted into companyviction.
Sikandar was an injured witness.
The Trial Judge was therefore wholly unjustified in rejecting the evidence of the Medical Officer.
Accompanied by sikandar, he went to the scene of occurrence and prepared the panchnama Ex.
