One of the reasons was that Laljibhai was alleged to have companymitted the murder of Hirji the brother of the accused.
They had to pass in front of the field of accused.
The accused got down from the cart and ran towards his field P.W 3 tried to companytrol the oxen and ultimately took the cart to the village gate.
P.W. 12 stated in the report that P.W. 3 informed him that when the cart came opposite to the field of the accused, the accused and his brother Natha came from behind, got into the cart and both of them stabled Laljibhai with koives.
Meanwhile Tulsidas P.W. 12 , brother of the deceased, came there and P.W. 3 told him about the occurrence.
3, 4 and 32 went to his field from the village At about 3.30 or 4 p.m they started to return to the village from the field.
The deceased and PW 3 were in the first cart which was being driven by PW 3 PW 32 was in the next cart and P.W. 4 was in the last cats.
P.W 12 and his son Narottam P W 16 arranged to take the injured to the hospital at Jamnagar in a bus.
The companyplaint of P.W. 12 was registered and the Police proceeded with the investigation.
P W 16 explained that she companyductor of the bus would number otherwise agree to take the injured to the hospital at Jamnagar.
In fact on account of the disputes in the village, Laljibhai had moved to Jamnagar.
P W. 32 was number examined at the trial but was later examined during the pendency of the appeal, because of an order made by the High Court, P.W. 32 did number support the prosecution case at all.
By the time the bus reached Jamnagar Laljibhai expired P.W 12 gave a report to P.W. 18, Deputy Police Head Constable who was on duty at the Irwin Hospital, Jamnagar, at about 8.30 p. m. This report again makes interesting reading.
At the village gate he met Popetbhai and informed him that the accused had stabbed Laljibhai.
On 9th June, 1970, at about 11 a.m he alongwith labourers, P.Ws.
About two days prior to she occurrence he had companye to the village from Jamnagar for agricultural a operations.
The oxen were startled and started bolding.
When the first cars came opposite to the field of the accused, the accused who was standing at the gate jumped into the first cart from behind and stabbed Laljibhai repeatedly.
Curiously enough P.W. 16, obtained a certificate from the Talati of the village Panchayat that Laljibhai was injured in an accident and that it was necessary to take him immediately to Jamnagar for treatment.
Chinnappa Reddy, J. The sole appellant was acquitted of the charge of murder by the learned Sessions Judge of Jamnagar but, on appeal by the State, he was companyvicted by the High Court under Section 302 Indian Penal Code and sentenced to suffer imprisonment for life He has preferred this appeal under the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act The case of the prosecution was that there was enmity between the family of the accused Laljibhai for various reasons.
P.W 12 also mentioned in the report that P.W 3 further informed him that P.W. 16 had also companye there at the time of the incident.
