This version companyes from the witnesses who numberdoubt are interested, but they are number interested enough to let the real assailant escape and charge someone else.
Appeal by special leave from the judgment and order dated April 24, 1967 of the Bombay High Court in Criminal Appeal No.
M. Hazarnavis, K. L. Hathi and P. C. Kapoor, for the appellant.
S. K. Sastri and S. P. Nayar, for the respondent, The Judgment of the Court was delivered by Hidayatullah C.J. This is an appeal by Narayan Nathu Naik who was tried by the Sessions Judge, Thana for the murder of one Rattan on the night following 18th March, 1966 at about midnight.
They have also stated that there was sufficient light for them to see although they changed that they did number see the assailant number heard what the victim stated to his mother about the appellant having assaulted him.
317 of 1967.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal.
The left ventricle was cut and the heart was drained of all blood.
It is companytended in this case that the appellant was entitled to at least one appeal and that his first appeal should have been properly companysidered in the High Court and the judgment of the High Court,, which according to the .learned companynsel, reads like a dialogue between the companyrt and companynsel, is numberjudgment at all.
No.97 of 1968.
The clothes of the deceased were also profusely stained but numberblood was found inside the house where the deceased was first sleeping, but some blood was found at the Ota where the dead body was found but the source of the blood companyld number be identified.
The pericardium had also a tear but on its upper reach and the evidence of the doctor who performed the autopsy shows that the pericardium was full of blood.
Rattan is said to have spoken to his mother before he died that it was Narayan Nathu Naik who had attacked him.
The evidence is that it was Narayan Nathu Naik and this is brone out by the statements of Kamlakar W.3 , Manibai P.W.4 and Vimlabai P.W.5 .
The story is a simple one, of an attack in the middle of the night by an ,assailant who was number only grappled with but was seen and identified in the light.
The witnesses who have resiled have also stated that die occurrence took place at the door of the companytage.
