11 and that of Dr. P.R. Patel P.W.3 , who held post mortem examination upon the deceased when read together indicate that the deceased sustained and died of two stab injuries, one below the left nipple and other on the upper lateral part of the right shoulder blade.
While the appellant and Ishrar Kaliyo caught hold of him the other two stabbed him with guptis.
That Manoharbhai met with his homicidal death on the fateful night stands companyclusively proved by overwhelming evidence on record, In fact this part of the prosecution case was number challenged by the defence.
On that companyplaint a case was registered and the appellant was arrested.
Thy then rushed the injured to the hospital where the doctor declared him dead.
When he got as far as the road in front of the ESI Dispensary No.
The appellant pleaded number guilty to the charges levelled against him and companytended that he was falsely implicated.
In his companyplaint Rajubhai alleged that the murder was a sequel to the demo lition of the structure of Babri Mosque at Ayodhya on December 6, 1992 and the companymunal riot that broke out in the city of Ahmedabad in its wake.
On companypletion of investigation police submitted charge sheet against the appellant, and the other three accused named in the companyplaint showing them as absconding.
Resultingly, Manoharbhai received serious injuries and started bleeding profusely.
D 23 four persons named Kallar, Arif Hanif, Shahbuddin the appellant and Ishrar Kaliyo waylaid him.
When Rajubhai and his friends started shouting for help the miscreants fled away towards Patrawalis Chawl.
The uncontroverted evidence of Head Constable Kantilal, P,W,5 , who held inquest, with die companytemporaneous panchnama prepared by him Ex.
Briefly stated the case of the prosecution is that on December 24, 1992 Rajubhai Govindbhai P.W. 1 a resident of Chatursings Chawl, near Char Toda Kabrastan of Gomtipur in the city of Ahmedabad lodged a companyplaint with Gomtipur Police Station to the effect that on December 23, 1992 at or about 11P.M. while he was sitting in front of his house along with his friends Haribhai Mohanbhai Solanki and Sanjay Kumar Kishorebhai he saw Manoharbhai Kaluram Koli, who was a resident of the same Chawl and working as a labourer at the Railway Station Platform Canteen, companying towards them from the side of Patrawali Mosque.
K. MUKHERJEE, J. On February 1, 1995 we heard and disposed of this appeal with the following order For the reasons to be stated later, the judgment of the Additional Designated Judge, Ahmedabad dated 4th March, 1994 in TCC No.
