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2015 (7) TMI 1432 - SC - Indian LawsSeeking cancellation of sale deed submitting that the deed in question was a sham document - committing of the murder of Brahmadeen by assaulting with lathi - High Court gave benefit of doubt to the accused and allowed their appeal acquitting them of all the charges levelled against them - HELD THAT:- It must be stated that PW4 Dr. K.N. Mehrotra, in his examination clearly stated that the injuries in question were possible because of crushing by a tractor. In the cross examination, all that was suggested was that such injuries could also be possible by a jeep or a truck - the observations seen in the post mortem indicate that on internal examination it was found that all bones of the skull were broken in pieces, membrane and brain were burst and that eye ball had come out. Further, all bones on the left side of the chest were broken, left lung was protruding out. Air pipe, trachea lerenex were also broken. The external examination and injuries indicated in the post mortem suggest crushing injuries - In the face of these facts, the assessment that the medical evidence belies that the deceased was repeatedly crushed under the wheels of the tractor, is completely incorrect. Further, the area where the incident occurred is such where a vehicle would not enter by mistake causing an accident but the attempt was definitely deliberate. The complaint Ext.P1 shows that PW1 and the deceased had gone at a distance from the village for easing themselves. Narrative clearly shows that it was at that stage that the tractor was driven straight towards the deceased - the version coming from PW1 to be consistent, supported by all relevant circumstances and lodged with promptitude. Having found his presence to be natural and his version getting complete support on material particulars, the witness is completely trustworthy. It is well settled that in such circumstances it is open to an appellate court to consider the matter afresh RAMESH BABULAL DOSHI VERSUS STATE OF GUJARAT [1996 (5) TMI 429 - SUPREME COURT]. Having undertaken such exercise, it is concluded that PW1 is a natural witness whose presence at the time and place of incident is established and is worthy of acceptance. However, mindful of the fact that in the original reporting he had attributed lalkara to respondent Basant Lal alone while the tractor was being driven by respondent Om Prakash, which meant that the other two accused, though sitting on the tractor were not attributed any overt act, benefit of doubt granted to the other two accused, namely, Lalji and Gyan Prakash. It could possibly be put that Brahmadeen, an old man of 90 years would normally be accompanied by someone for assistance but would be unaccompanied while easing out and therefore the time and place was so deliberately chosen, in which case culpability of every occupant of the tractor would be made out. However, in the absence of any material establishing that, Lalji and Gyan Prakash are entitled to benefit of doubt. The acquittal of Basant Lal and Om Prakash is set aside - the order of conviction as recorded against them is restored by the trial court for the offences punishable under Section 302 read with 34 IPC - it is not deemed appropriate to restore the sentence of death - the appropriate sentence in the matter ought to be sentence for imprisonment for life, is proceeded to impose on said Basant Lal and Om Prakash. Consequently, the appeals are partly allowed.
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