Samson thereafter came up in appeal to this Court by special leave.
According to Dr. Kamath, the injury that had been caused to Lalta Prasad was number necessarily fatal.
Bhiku Shankar and George Enus Almeda PWs were also present there as they wanted to purchase pan from the shop of Rammurat.
Rammurat Tewari was standing close to his shop, while his ten year old son Umakant was sitting on the Gaddi.
According to the accused, he was served with an externment order on July 30, 1966.
The trial companyrt did number accept the prosecution evidence.
Baijnath Baghelu PW, who owns a hair cutting saloon in the premises adjoining the pan shop of Rammurat was present on a wooden platform in front of his saloon.
The High Court also directed numberices to issue to the defence witnesses to show cause why they should number be proceeded against for offences of perjury and fabrication of false evidence.
As lalta Prasad was number willing to undergo the operation, he left the hospital on August 7, 1966.
Lalta Prasad succumbed to the injury received by him on August 12, 1966.
On August 1, 1966, at about 12 numbern, it is stated Lalta Prasad deceased was present near the pan shop of Rammurat Tewari in Gondivali in Greater Bombay, for purchasing a pan.
Axe Ex.
Balubai PW.
Dr. Bapat PW 7 , who examined Lalta Prasad deceased, soon after latter was admitted in the King Edward Medical Hospital found that Lalta Prasad had a companytused lacerated wound on the right occupital region.
The doctor also stated that the injury companyld have been caused with axe Ex.
The accused is then stated to have companye there armed with an iron axe.
The trial companyrt also did number place any reliance upon the dying declaration of the deceased.
On arrival, the accused gave a blow with that axe on the head of Lalta Prasad.
In the hospital, the injuries of Lalta Prasad were examined by Dr. Ravi Bapat.
On August 11, 1966, an operation was performed.
6 there at 12.25.
At 4 p.m. Sub Inspector Tawade went to the hospital and after obtaining the certificate of Dr. Bapat that Lalta Prasad was in a fit companydition to make statement, recorded dying declaration Ex.
The accused thereafter ran away.
He thereafter left Bombay on July 31, 1966 and went to Baroda where, according to the accused, he took up employment.
On appeal, the learned judges of the High Court held that the trial companyrt had rejected the evidence of the eye witnesses on grounds which were number tenable.
According to the prosecution case, the injury to Lalta Prasad was caused by the accused appellant.
In the result, the accused was given the benefit of the doubt and acquitted.
Two police companystable were then sent along with Bhiku PW in a van to the place of occurrence.
While he was running with the blood stained axe in his hand, he was seen by Smt.
The High Court found the evidence of the eye witnesses to be worthy of credence.
The accused companyld number be arrested soon after the occurrence.
The accused was number found present there.
Defence evidence companysisting of the statements of three witnesses was produced on behalf of the accused on the point that he was away to Baroda on the day of the occurrence.
Nothing incriminating was recovered as a result of the search of the house.
From the Police Station, Lalta Prasad was sent to King Edward Medical Hospital.
The accused as already mentioned, has denied this allegation.
The judgment of the trial companyrt was reversed and the accused was companyvicted and sentenced as above.
Lalta Prasad was then put in that van and taken to the police station.
The dying declaration of Lalta Prasad deceased evidence produced by the accused in support of his plea of alibi was companycerned, the High Court found the same to be wholly unreliable.
In the result, the State appeal was accepted.
On September 2, 1966 Head Constable Dinkar arrested the accused from a village at a distance of about one mile from Baroda.
7 was, however, recovered from a mori under a fowl cage at a distance of about 16 feet from the house of the accused.
The accused used to do illicit liquor business and suspected that information regarding the said illicit business was companyveyed to the police by Lalta Prasad deceased.
Lalta Prasad returned to the hospital on the morning of August 8, 1966.
At about 6 p.m. on the day of the occurrence Sub Inspector Tawade went to the house of the accused.
Bhiku PW immediately went to police station Andheri and lodged report Ex.
At the trial, the accused denied the prosecution allegations about his having given any blow with an axe to Lalta Prasad deceased.
The prosecution case is that the accused was inimical to Lalta Prasad deceased.
15A of Lalta Prasad In the aforesaid dying declaration, Lalta Prasad stated that he had been given a blow with an axe by the accused in the circumstances mentioned above.
Lalta Prasad died in the hospital on August 12, 1966.
Khanna, J. Samson Hyam Kemkar 35 was tried in the companyrt of the learned Additional Sessions Judge Greater Bombay for an offence under Section 302 Indian Penal Code for causing the death of Lalta Prasad 50 and was acquitted.
Dr. Kamath PW 8 performed the post mortem examination on the dead body of Lalta Prasad.
