9911796707
TMI Blog2004 (5) TMI 589X X X X Extracts X X X X X X X X Extracts X X X X ..... t appellant and one Om Prakash deceased in this case were working as labourers with one Pokar Ram in the year 1980. They were employed to water fields wherein some wheat and gram were sown. On 4.4.1980 one Ram Rakh son of said Pokar Ram wanted the field to be watered therefore in the early morning at about 4 a.m. he sent the appellant and the deceased to irrigate the land. At about 9 a.m. that morning said Ram Rakh took food for the said two persons who were working in the field. At that time it is stated the appellant complained to said Ram Rakh that deceased Om Prakash is not doing his work properly and to advise him properly. It is stated said Ram Rakh settled the misunderstanding between the appellant and the deceased and went to his ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... That is when he mentioned to Khyali Ram about the incident in question. It is the case of the prosecution thereafter PW-2 and 5 to 7 people went to the place of incident and saw the deceased lying dead thereafter PW-2 went to the village Sarpanch and accompanied by him went to the Police Station at Suratgarh and lodged a complaint at about 3.15 a.m. on 5.4.1980, Police Station being about 30 miles away from the place of incident. On a statement recorded therein the I.O. registered a case and came to the place of incident and having completed the investigation thereafter filed a chargesheet and based on the evidence produced by the prosecution in the trial the appellant was convicted as stated above which conviction came to be confirmed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a witness like PW-6 to have made an effort to contact Ram Rakh because he was committed to get the Gowar weighed so that the purchasers could collect the same therefore in this process he had gone in search of Ram Rakh and it is in the field of said Ram Rakh he found the appellant attacking the deceased. She also contended as soon as he returned back to the village he intimated this incident to PW-2 and thereafter by the time they could go to the place of incident and return to village and contact the village Sarpanch it had become almost dark hence delay if any, occasioned in lodging the complaint has been explained by the prosecution therefore she supported the judgments of the 2 courts below. Even according to the prosecution the only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are at about 4.15 p.m. Contrary to what he stated in the examination in chief that he saw only one assault on the deceased, in the cross examination he stated that he saw the appellant attack the deceased twice and both the injuries were caused in his presence. It is also to be noticed from his cross examination that when he met PW-2 Khyali Ram and told him about the incident in question but PW-2 supposedly told him that he had already come to know of the incident from PW-14. The prosecution has not found how PW-14 came to know of the incident. In this background if we appreciate the evidence of PW-6 we notice the fact that he is purely a chance witness whose presence at the place of the incident is highly doubtful. His conduct too seems to ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
