TMI Blog1990 (7) TMI 375X X X X Extracts X X X X X X X X Extracts X X X X ..... house. To harvest the crop, his father had engaged some labourers and the crop was, according to him, harvested till about 10.00 AM on that day. At about that hour, his father Rajendra started from the land to return home for his meals and the informant followed him after a little while. On the way home, the informant heard his father's cry Jan Bachao , and on hearing it he ran towards his father and saw that accused, Shambhoo Missir and Munib Tikulihar (appellants in Appeal No. 133 of 1979) assaulting his father with garasa, and Sarabjit Chamar and Paltan Kurmi (appellants in Appeal No. 150 of 1979) with sticks. Rajendra fell down and thereafter Shambhoo, Munib and Paltan caught hold of his hands and legs and Sarabjit chopped off his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he trial court disbelieved the prosecution case against the accused and acquitted them. Against the said acquittal, the State preferred an appeal and the High Court allowed the appeal and convicted Shambhoo and Munib, i.e., appellants in Appeal No. 133 of 1979 for the offence under Section 302 read with Section 34 IPC, and sentenced them to imprisonment for life. The High Court also convicted Sarabjit and Paltan (appellants in Appeal No. 150/79) for the offence under Section 304 Part II read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for seven years each. The High Court further convicted Sarabjit for offence under Section 326 IPC and sentenced him to undergo rigorous imprisonment for five years. His sentence was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the stomach at that hour when the food was taken by the deceased before 8.00 AM. If this is so, then the whole case of the prosecution must crumble. For this will establish beyond doubt that Rajendra had died very soon after 8.00 AM and none of the so called eye-witnesses had seen the assault on Rajendra. The said fact will also demolish the entire version of the three dying declarations made by the deceased to various prosecution witnesses at three different places. The non-explanation by the prosecution of the undigested food therefore casts serious adverse reflections on the entire investigation in the present case. Unfortunately, the High Court has failed to deal with this very important aspect of the evidence on record which has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... two of the laboures and females but not of others. Thirdly, the Investigating Officer also did not testify to the fact that the deceased's field was harvested on the day of the occurrence. Fourthly, the version of the prosecution that the deceased had made dying declarations at three places, namely, in the field, at his house and at Parsauni and named the accused although nobody asked him about it sounds strange enough. Fifthly, the testimony of the informant himself is far from being above suspicion inasmuch as although it is his case that he had seen the actual assault and at that time there were other witnesses present to witness it, it has come out in his evidence that he did not know from where the other witnesses had come, and tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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