The three accused persons who were tried jointly with two other companyaccused persons preferred an appeal before the High Court.
Originally eight persons faced trial.
Though the place of occurrence was nearby the police station, the information at the police station was lodged after a companysiderable lapse of time.
The deceased accompanied by head constable Dayaram went in their search to the house of that Mannu Teli.
At the house of Mannu Teli, his daughter Sunita met the police party and quarreled with them.
Dr. V.S. Singh PW 15 , who had examined the deceased in Seodha, had found one lacerated wound on the parietal region, one abrasion on the neck and five incised wounds.
Suspecting the hands of present respondents and their friends in it because of the earlier attempt for their arrest, he informed his officer at police station.
Prosecution Version in a nutshell is as follows One Hamid Khan hereinafter referred to as the deceased was posted as a police companystable in police station Seodha.
Subsequently, after his arrest accused Manni had led to the discovery of the remaining part of the Gupti, which was used by him in the crime.
Bhure, Jabar Singh, Ramkishore and Kapoor Singh by weeping before them and telling them that the deceased had insulted her.
Thereafter when the deceased Hamid Khan came to the betel shop of one Santosh in Seodha itself, those persons excluding Kapoor Singh came there in two batches of three each armed with sword, Gupti etc.
However, one Ashok Sindhi informed head constable Dayaram, who was on duty at that time at the Municipal House that some one has beaten one companystable near the shop of Santosh.
The Officer in charge of the police station thereafter reached the spot, inspected it and seized the blood stained and number stained mud from the spot and the blood stained stone which was also lying nearby together with a wooden handle of Gupti.
The deceased who was at that time only injured was immediately referred to Hospital and from the Hospital was referred to Gwalior for better treatment.
The primary stand before the High Court was that the medical evidence was at variance with the ocular evidence.
Then accused Manni inflicted an injury below his right ear with a Gupti.
The High Court by the impugned judgment held that the medical evidence was at variance with the ocular evidence, by reference to PW 15 who has stated that the Gupti which was supposed to be used was number sharp enough to cause the injuries.
After reaching near the shop of said Santosh, accused Bhure caught hold of the deceased and thereafter Jabbarsingh gave a blow by sword injuring the deceased below his left ear.
During pendency of the appeal before this Court, accused Komal has died and the appeal stands abated so far as she is companycerned.
Kapoor Singh warned all those present there number to utter a word.
As the deceased fell on ground, Kapoor Singh asked others to kill him.
Appellant Manni was companyvicted for an offence punishable under Section 148 I.P.C. while the other two have been companyvicted for an offence punishable under Section 147 I.P.C. Each one of them has been sentenced to undergo imprisonment for life with a fine of Rs.5,000/ .for the offence punishable under Section 302 read with Section 149 of I.P.C. Manni was directed to suffer rigorous imprisonment for two years for the offence punishable under Section 148 I.P.C. while the other two with rigorous imprisonment for one year for the offence punishable under Section 147.
Trial Court companyvicted accused Komal Singh, Manni and Dharkole.
Accused Komal thereafter kicked the deceased and all of them went away from there.
Two others Bhoora and Jabar Singh had died during trial.
There was manipulation in records.
Out of these five incised wounds two were on the left side of his face, one below the ear and the other on the mandible and remaining three were on the right side of the face, one on the ear and two on the mandible.
Many persons who were stated to be present during the occurrence were number examined and on the basis of evidence of partisan witnesses, the companyviction has been recorded and, therefore, the judgment was indefensible.
During the pendency of the trial one Ramkishore absconded.
Later on, on the same day at about 7.45 P.M. she provoked the present respondents and four others viz.,
Out of them companyaccused Sunita and Kapoor Singh were acquitted.
Autopsy was performed by Dr. Vijay Kumar Diwan PW 5 and it was found that he has succumbed to the injuries found on the body.
On reaching Gwalior he was declared dead at Gwalior Hospital by the doctor companycerned.
On the fateful day i.e. on 13.10.1989 at around 7 oclock in the evening an information was received in the police station that one Manni and his friends, who were wanted, were hiding in the house of one Mannu Teli.
Accused Dharkole picking up a stone which was lying nearby assaulted on the head of deceased.
ARIJIT PASAYAT, J. State of Madhya Pradesh calls in question legality of the judgment rendered by a Division Bench of the Madhya Pradesh High Court, at Jabalpur directing acquittal of the respondents hereinafter referred to as the accused on the ground that prosecution failed to prove their guilt beyond reasonable doubts.
It was observed discrepancies were number only between the statements of these witnesses but the statement of each one of them was also inconsistent with his earlier statement recorded during investigation.
They all companyspired to kill the deceased on that very day.
