A 2 gave a blow with an axe on the left leg.
After some time the injured were taken to the hospital.
The injured was admitted in the Hospital at Ahmedabad for further treatment.
When they reached the field of Shivabhai Soni, the four accused came running towards them.
They were tried for offences punishable under Section 302 read with Section 34, I.P.C. and Section 307 read with Section 34, I.P.C. by the Additional Sessions Judge, Bhavnagar.
On hearing that P.W. 2 Mavji Magan came there.
He issued medical certificate Ex.
A 1 raised the dharia to give a blow to him and pointed end of dharia touched on his right hand.
P.W. 2 was treated hostile.
As P.W. 1 intervened A 1 gave him an axe blow and A 4 gave a dharia blow.
He further opined that the injuries can be caused by hard and blunt weapons and the injuries were sufficient in the ordinary companyrse of the nature to cause death.
This is an appeal filed under Section 379 of the CrPC read with Section 2 a of the Supreme Court Enlargement of the Criminal Appellate Jurisdiction Act.
As the companydition of the injured was serious, he referred him to the Government Hospital.
A 4 gave a dharia blow on his head.
Likewise also P.W. 1 was also taken.
Therefore, the prosecution was left with the evidence of P.W. 1.
A 1 was armed with a dharia, a cutting instrument and he gave a blow on the head of the deceased.
If this version is taken to be true then there should be number of injuries on the deceased as well as on himself.
He did number find any other injuries.
The accused are alleged to have intercepted the deceased party and there was exchange of hot words as regards taking of the water from the canal.
A 3 hit P.W. 1 with an axe on the head.
As already numbered both the Doctors, who examined the deceased, found only one companytused lacerated wound over right front parietal region and only Oedema over the right lower eyelid and the deceased died one week later.
Thereafter they returned at about 1.30 p.m. and when they reached the fields of Haribhai and Shivabhai Soni they saw the four accused armed with weapons like dharies, axes and sticks.
The sentences were directed to run companycurrently.
Then all the four accused started giving blows simultaneously with the blunt part of the axes and with the handles of the dharias.
A 3 gave a blow with an axe with the blunt part thereof on the temporal region of deceased.
They were taken to the doctor.
The further case of the prosecution is that there was an enmity between the accused persons and the deceased and his relatives with regard to some disputes.
As mentioned above out of the two eye witnesses examined by the prosecution P.W. 2 turned hostile.
When P.W. 1 raised cries the accused ran away along with their arms from the fields.
It is further alleged that all the accused dealt blows on the deceased and P.W. 1 jointly.
The post mortem was companyducted and the doctor found two external injuries and on internal examination he found fracture of skull and also fracture of ribs on the right and left sides and some lacerated wounds.
Doctor on examination of the deceased found one companytused lacerated wound over right parietal region 2 1/2 x 1/2 skin deep and Oedema over the right lower eyelid.
The injured was taken in a cart to the hospital.
The injuries on P.W. 1 were also examined by the Doctor and it was found that he had one incised injury on the left knee joint and companytusions and abrasions on other parts of the body.
The deceased died on 13 6 1977.
During the said quarrel, it is alleged that A 1 gave a dharia blow on the head of the deceased and A 2 gave an axe blow also on the head.
P.W. 1 deposed that on the day of the incident he was returning along with his uncle, the deceased, after visiting the fields.
They are alleged to have caused the death of Najbhai Nagbhai by inflicting injuries and also caused injuries to Shardul Merambhai.
The trial Court acquitted all the four accused holding that P.W. 1 is a highly interested witness and his version is in companyflict with the medical evidence and there was inordinate delay in giving the report.
Then abused them and when the deceased objected, the accused got annoyed.
There are four appellants.
On 5 6 77 P.W. 1 and the deceased had gone to take a round in their fields and were looking after the supply of water.
The trial Court has also pointed out certain other discrepancies in his evidence.
When P.W. 2 Mavji Magan came there the accused ran away.
After companypletion of the investigation the charge sheet was laid.
The State preferred an appeal against acquittal and the High Court accepted the evidence by explaining the various inconsistencies with reference to the medical evidence and also partly relied on the evidence of P.W. 2, the hostile witness, to the extent that he has seen four accused running away from the fields.
He opined that death was due to intra cranial hoemorrhage.
The deceased fell down.
Dr. J.C. Chauhan at the Government Hospital examined the deceased and he also found one companytused lacerated wound over the right front parietal region and Oedema on the right lower eyelid.
P.W. 1 raised cries.
The prosecution mainly relied on the evidence of the two eye witnesses P.W. 1 and another P.W. 2 Nagji Magan.
