The three other alleged eye witnesses belong to other villages.
Multiple companytusion of different illegible size middle 1/3rd of the left leg infront.
The High Court had examined the evidence of each one of the eye witnesses and found it unsafe to rely upon the evidence of any witness except Champoli whose evidence was accepted by it mainly on the ground that he was a resident of village Timava and he was a Mina by caste.
The party of the accused had been claiming possession over a field called Bhaiwala over which there had been some litigation between two parties so that the Naib Tehsildar was appointed as Receiver by the orders of the S.D.O. Gangapur.
arm outer side.
In this incident, two of Brijmohans brothers and four of the accused persons were said to have been injured.
The theft case was pending when an occurrence took place on the morning of 16 8 1965 over the ploughing of the field by a tractor taken by the party of Brijmohan.
They are said to have caught him in the field of Champoli, P.W. 5, and given him a beating witnessed by Shri Das P.W. 1, Basantilal, P.W. 2, Ramjilal Mina, P.W. 3, Charapoli, P.W. 5, Lohde, P.W. 6, and Banwarilal, P.W. 7.
Lohde, P.W. 6, and Banwari, P.W. 7, before taking up the evidence of Champoli, P.W. 5.
The party of the accused had threatened him so that proceedings under Section 107 Criminal Procedure Code had to he instituted against the accused who had also been prosecuted for the theft of the crop by Brijmohan.
The companyvictions and sentences had been upheld by the High Court of Rajasthan.
One may number agree with the assessment of the evidence of each witness individually either by the Trial Court or by High Court.Contusion with abrasion 4 1/4 x 1/4 each on the tribunal tubercle left side.
Shri Das, P.W. 1, apart from being a chance witness from another village, stated that he had number been examined by the police, although he was, according to himself, present in the village.
Abrasion 1/2 x 1/2 upper end of the left leg inner side.
Contusion 1 x 1/3 Rt.
Out of the six alleged eye witnesses only Champoli, P.W. 5, Lohde, P.W. 6, and Banwarilal P.W. 7, the son of deceased Brijmohan, are residents of village Timava where the occurrence took place.
wound two 1 x 1/2 x 1/5 and 1/4 x 1/4 x 1/5th each left leg middle torned .
leg center infront.
A report had been lodged at the Police Station.
Blood from numbertrils and mouth illeg.
It was in this state of tense feelings between the two sides that the accused are said to have proceeded in a group at about 5 p.m. on 16.8.1985 to give Brijmohan a beating when he was returning to his house after taking a bath in a pool of water.
Multiple companytusions of different sizes on the head and face.
thigh center outer side.
full swell.
Multiple companytusions of different sizes on the upper part of the left side chest, Multiple companytusions of different sizes on the left arm and lateral sides.
Contusion 11/2 x 11/2 above the right knee outer side.
Side Contusion 4 of different sizes on inner side left knee.
Contusion 4 x 21/2 upper half of the forearm post.
The Revenue Courts then upheld the claim of Brijmohan the murdered man who was said to be in actual possession of it.
