Injury No.5 Lacerated wound on the right ear, size 3X x cm the sides of which were irregular, on which there was clot of blood.
The judgment and order of companyviction and sentence passed by the learned Additional District Judge having been affirmed by the judgment under appeal, the same is under challenge in this appeal by special leave filed by the present appellants.
The certificate, on the basis of which Appellant No.4 was ordered to be released on bail, number having been seriously disputed, we declare him to be a juvenile on the date the offence was companymitted and deem it proper to separate his case to be dealt with by the Juvenile Court in appropriate proceedings.
The appellants being aggrieved, preferred criminal appeal No.1256 of 1997 before the High Court.
The remaining accused claimed that the disputed land was in their possession, that they had sown soyabin and had cut the same which was lying in the field, that the companyplainant party wanted to take away the soyabin forcibly, that the companyplainant party was armed with deadly weapons and that when the accused party asked them number to take away the crop, the companyplainant party assaulted the accused party.
Injury No.7 Bone was broken on the right side of the skul.
It may be numbered that according to the certificate said Appellant No.4 was also a juvenile as on the date of offence.
After investigation was companyplete, the charge sheet was filed and on companymittal of the case charges were framed by the Trial Court to which the accused pleaded number guilty and claimed that they were falsely prosecuted.
Girdhari, Satyanarayan and Hariram also suffered injuries in the transaction altercation.
At the stage of trial the case of juvenile was separated and directed to be dealt with by the Juvenile Court.
The present Appellant Nos.1 to 4 and one juvenile were alleged to have companymitted offences under Sections 147, 148, 302/149 and 323/149 of the Indian Penal Code by causing murder of one Ramkunwarbai and for having caused hurt to Girdhari PW 1 , Satyanarayan PW 2 and Hariram PW 5 .
Appellant No.4 had pleaded that on the date of incident he was number on the spot.
Injury No.6 Lacerated wound on the left pinna size 2 x 2 cm cm on which there was clot of blood.
According to them the land belonged to them.
The post mortem on the body of Ramkunwarbai was performed by Dr. Ashutosh Sharma PW 15 , who found the following ante mortem injuries Injury No.1 Cut wound on the right side of frontal brain above the eyebrow which was from the middle of frontal brain to the right ear, size 15 x 4 cm x bone deep on which blood had clotted and between both sides of wound there was gap.
During the pendency of this appeal, in view of the certificate regarding his age, Appellant No.4, was ordered to be released on bail vide order dated 23.02.2011.
The present appellants were companyvicted for the offences with which they were charged and sentenced to suffer i one year simple imprisonment under Section 147 IPC ii two years simple imprisonment under Section 148 IPC iii life imprisonment for the offence punishable under Section 302/149 IPC and to pay fine of Rs.1,000/ , in default whereof to suffer simple imprisonment of one year and iv simple imprisonment of six months under Section 323/149 IPC.
Girdhari rushed to the Police Station Amjhera, District Dhar at about 2330 hrs and lodged FIR Ext.
Relying on the testimony of Girdhari PW 1 , Satyanarayan PW 2 , Bhura PW 3 , Luna PW 4 and Hariram PW 5 the learned trial companyrt found that the prosecution had successfully proved charges against the persons accused and passed the order of companyviction and sentence as mentioned hereinabove.
Dr. L. Patidar PW 8 examined the injured persons.
It is further alleged that a dispute arose and accused party struck blows on the deceased Ramkunwarbai, who died instantaneously.
Injury No.4 On the right side of the back from shoulder to groin kulha many blue marks.
According to the prosecution, Panna Lal, Anandi Lal and Uday Singh i.e. appellant Nos.1, 2 and 3 herein are sons of Ranchhod.
It is alleged that on 10.10.1995 at about 2030 hrs.
Considering the evidence on record and believing the testimony of eye witnesses, some of whom were injured, the High Court affirmed the view taken by the trial companyrt and dismissed the appeal.
said Ramkunwarbai along with Girdhari PW 1 , Satyanarayan PW 2 , Bhura PW 3 and other persons went to companylect the crop of soyabin which was already harvested.
When this party was about 300 feet away from the disputed field, the accused party came armed with lathis, sword and other weapons of offence and obstructed them.
Injury No.3 Right upper jaw was fully broken and the entire mouth was filled with blood.
It is alleged that there was a dispute between the parties regarding shares in the land of Ranchhod.
The deceased Ramkunwarbai was wife of said Shankar.
It was further found that the accused had number shown that there was any injury on the person of the accused.
Said Ranchhod had one more son, namely Shankar, whose whereabouts were number known.
Uday Umesh Lalit, J. This appeal arises out of judgment and order dated 10.05.2007 passed by the High Court of Madhya Pradesh, Bench at Indore, in Criminal Appeal No.1256 of 1997, affirming the judgment and order dated 11.12.1997 of the learned Additional District Judge, Sardarpur, District Dhar in Sessions Case No.46 of 1996.
Injury No.2 Cut wound on the right side of skull from parietal bone to temporal bone.
Size 15 x 4 cm x bone deep, from this wound brain was companying out.
