HEGH (:QURT QF CHHATYI$6ARH AT 3ILA§PUR gamm: Han‘bge Mr.T§P,Shama & Han’bie Mni?L.ihanwar, $31 Vgbsus The Sim-e 9f Chhai’fisgarh And Criminal A 3 Na. a! Gulam Akhmr Varsus The. Sfafe of Chha‘r‘risgarh riminal An ea! No.15g a‘ 26.194 Gulam A’xahmeod and mather 153 af 2004 WK JUDGMENT FOR Hgn'hle MrrRLJhanwari a: Post far Judgment an i jg“; ($0 .5IDERATIQN Sd/- R.L. Jhanwar Judge \¥K+,_“NV_H¥‘¥ ,7 r 7 m 3~2—2Q10 7 '_ Sdl‘ ‘ ' ' '11P, SHARMA iudge .ri C ag.r ‘ ‘a \ MZK H16?! (:QURT OF €HHATTI$6ARH AT BILA$PUR Camm: Hm'big AQr.T.P.5HARMA é Hon’bie MrRLJHANWARi JJ. {Irimingi Agapea! NaiEZ 9f 2094 Eiulam Safdrjr' r3.1 Cr§mi§1d Aggpea! N-aiE-SJZGQA: filed by appe!!mf-€wulqm ‘ APPELLANTS Gulcim Mahmood, Aga 22 yrs‘, .5/9. (Tn jaii‘j Gulam Safdar'. 2. 5uiam §41fdari Agai— $3 yrs 519. 6ulam Haider. R19. Vilhge-Keéarpuri P.$.Premmgar, Dis’t‘r.$urguja (CH) Versus RESPQNDENT The Sm‘re 0f Chhmfisgarh Through: RS. Premncgar‘. Disff.5urguga (6.63 And €rim§m¥ Apgaa! 9.36.153 9f 2004 APPELLAN? Quinlan Akh‘mr, Age 28 yrs, S,/o.€7ulam (in 3am Safdar: Rio.Viiiage7i('eciarpur, RSFr-emmgar, Dis‘H’.5ur*guju (6.6.) Versus REsPQMD£NT The 5m'fe 0f Chha‘r‘risgarh Thmught P.5Pr‘emnagcr, Dis?f.5urguja (Ca) (APPEALS UNDER SECHON 3?4(2) OF THE CODE OF CRIMINAL. PRGCEDURE‘. 19273) Presen‘l‘: Mr.Abhny Tiwmri, seams! fez" fhg apgeiianfs. MrRakesh Kumcv‘ Jim? Dy.G0vf.Ad‘voca‘re for fhe Sfa‘reiresponden‘r. JIJDQMENT (Daiivared an 3"” Fabmary, 2019) The judgmep? cf “ha $013!"? was déiivgrad by T.P.5harm£, J;- _. Crimmi Ap§aa5 Ne. 152/2{§04 f§ied by @pellants-guiam Mahmaad and Akhmr are arising w? 9f :hha judgmen? af cenvic’rien & arder 9f sentence dated 3.9.1.2G04 passed by the Firs? Addifiana! Sessiens Judge, 5nrninur in Ses$iens TrécsE NQAQWZGQZ, fhzrefora, ihey are being disp‘osed of by This cammon judgment. The. afcresaid crimimi appgals are dérgcfed agains? ‘rhe judgmenf Gf cmvia‘i‘ian I& erder of samanzza aimed. 1912094 passed by fhe; Figs? Addii‘iem! Sasgimas Judge, $umjpw, in SwsiongTr-ial No.405./2002, whereby £3», whereunder laamad First Addéfiem! SeS$§ons Judga affzr hoiding wpaEEanw-Galam Mghmaaai and {7‘u1am Sgfdm- in Crimim! Appea! N0.1§2/ i194 g3; Guiam Akh‘tar in Cr§mina§ Appaal No‘153/fn04 guihy fer cgmmis§i0n 91‘ effencg puwEshabig under 5ea‘riens 3Q2/34, 30?!34, 324/34 & E24/34 :sf tha Emdim ?gmi Cmia, gash m? them haw: senteaced ‘m under-go émwisonman'!’ far Eifa and 1‘0 pay ca. fine R$.1OQG./~‘ in defauH‘ m‘ pay/mew 9f fine 1'0 fur?h.er under-g0 rigomw imprisanmen? fer 'thrge montha rigorous impriwnmem fer xix/an yaaps and m pay a fine 9f Q5.1QQQ!—, m defaul? 0‘ gym/men? 91F fim fr: furfhar underge rigorous imprisanment far- ?hrez. Mamba riger‘ous imprisonmenf far one yam" and 1'9 pay a fim cf Qs.50Q/-f in dgfaulf 9f paymam of fine +13 further under-go nignmug imprisenmw‘r for 1mm mgnfhs and r§gerous imprisenment for mag year (Md m §ay .5. fine Q‘f RsttiQOfn in dafaui'? 9:? paymentraf fim “m furfhgr unrierga rigarcus mprisenmen? far- ?wa mmfhs, respzctive!y. .. .ur-., I\) mnsidared fly dei‘encd mkgn by the appeiianfs that ‘irhey have inflictgd minirwr: injuries in axercése 9f righ? ci priva‘i'ev dgfeace 0f properw which {hay am zn‘l’itkd Imégr 52/;‘riows 97 [mi 100 9f i'he Indian Pena! (Jade and 4.. kareky cgmmif‘tgd inegaiify. Casz 9’? “the pra$ecufien in brief, i< +931? o?! 149.2 fateful day af 8.7,2GO2 a? about ?' am GT mcxming, Aiaiiui Magic! {$ince. decegsadX Jamshed Ali, Haiima Bib and brofhar {mi sister of Jamshed Ail. ware gresen’t in Their igailarifs aiamg wi‘i’i’s Murasha Bagumi SmT.—Samfun and Euiam I. Ahmaé came 3‘9 ‘rkeir hwse, fhey were halding daggzr, sward, $fick and assauHed Abriu! :‘Aajid and Hahma Bang. When Diisher AH and Simj came 1'9 save ‘5"heir' father Magic! Mi, t§1gn z’he afaresaid accuszd gerwns aka ass-u§teci f.a.. Agapekn'r Eruigm Mahmood assaulfad HaEmg Bane by D.aggar over her abdgman and bac§<, she fen down Al! The agapeiian'rs including gfher accused guersgns QssaaHzd Abdul Majid by swam, dagger rad a?” sfigk gné causad insmnMwamg$iy dgzwh. They have. aisg gamed injury 1’9 $imj Ali and Dasha? A33. Wi?m:::sas Tgjamm, Chatmrdhari, Amarjif, $319k}. Pmsad, I \ ‘ Jagdkhi Sukhmm QM family member-s 9f Sukhmm war- przsan‘r a? 13mg +ime 0f «incident Jamsher Ali (PW-2) $mmedia‘rz!y wan? t, i'he. po!§z:e wafmn md lodged fine ELR. vide EXP/2 and may imémafior: yida Ex.P,/3‘ Envesfigai'ing officer prgseeded far The scene? of eacurrenca. Afmr smywaning the wimes<2< Vida EXP/15, inque5+ nver riaad 5n 1y 0f dacaased Abdul Majid was pregared Vida EXP/L Dead - Abdul Majid was saw? far autelesy 1'9 Cammunity Healfln r2. Prgmmgar‘ Aufoirgsy was. canxduc'z‘ed by Dr.A.L.5oni (PW—14) Vida Ex.P.-’il.3 gm? “féund fallowing injuries:- 1‘ One inc.sed woundrwer pinm 0f lzf? ear cutting The middla of pinm To r'cnf of lznbule, size 3‘ sms. 11:) whale Thickness .of pinna, 2) Inclrsed wnund over léf? side sf cccipiml goerzf of haad, size 5 cm< x 1 Ems x hrmn deep. 0cci§ifal bane wag cut Injury No.1 was grievmzs and injury N92. was fq‘ml in ngwm and sufficien‘r far causing deafh. Dam?! was due tr.) shock as a resulfr’ 0f zxcessiva hegmarrhage and deaf?! was hamicidnl in mfurg. Eleodsmined soil, plain SQil, me siiak and bmken pieces 9f hangies were recaverzd from The. spa? Vida. Ex.P./§. 73‘ N3 lm 5 . Injured Hsll.s Bibi (é? Halima 3am was alsg sen? far madiml examinatigni DnSaTyakg'iu 6upm (PW-19) has examined liar Vida Ex.P./33 mod fc‘und feliouiing injures:- J d 1) One incised waund over §ef'}' §ewar scapular regien, s§ze 2 % ems; >1 1. $~ gms. p§erging ‘Eewardgg amerh’)? £1435? wai§ and mvxi!!a injury ma's fhrcJah é fhr-ugh (chest), aufer {ex§?)., siza 1 cm. x 1 cm. ?) Swamng ever the righ? hand, siz“ 7 ems. x 3 cms‘ Lry Nari was grie‘mus in mmrz. Iajured Simj was also examined by Dr.$aiy-kew @Jp‘m {MAJ-19) vide EXP/34 and faund me incigd wound 0v r lgf? QQgipim? wm 9f herid size 3 ctns, x E: cm am! ane chmgim Qvzr ¥ X215? knea cf gize 2 cms. x 1 cm‘ X-ray cf hand was advised. Injured Misha!“ Aii was alsa axaménaé by Dr. D£Srzfyake~tu éupm (PW-19) Vida EXP/g5 and fmwi 9 cised yawn-d over pariz‘m! area, sizg 4 ems“ x 1 cm v iv gm, mm; Qacgmfgd weuné bgfwggn fagmb and index! finger gf réght hand, size 2 ems. x % cm x s1; cm and me awasion wer- righf scapular regim and rEgh? side 0f wag: Injurigs ware grieveus in namre. During 'ihe ceurse. of imesfigatim, riggziiam Guiana Ahmad was Takan intn c:_isf9dy vide. ExiPlffA. He maria discla‘gure smiemam 9‘? axg and same was recgvzr‘gd m flag iwsmnca 9f vzgpaiimf G'uiam Ahmad Vida ExP/é. Appeilrm‘i' Gulam Akh‘im‘ was Taken in'm cuswéy. H2. madg disdesure statamani of axe vide EXP/5 3 and snwz was remvergd of the insmvica 9f ahheiianf i’l” §uiam Akhtsr yids ExiP/B. Apgaiiant Emiam $abdar- was mken info custrody‘ He made sisciasure sm'iemeh? 9f sfick vide EXP/6 A and same was rag-waved cd' the iss’mm- (2f appzimm Eruiam §abdar vide EXP/9. Appellanf Guiam Mahmmd made discicsurg smi'emm? af dame." and red Vida EXP/1A and JJ red was mew/grad (1* the. instance 02F appgiiant Guiana Mghmoed Vida EXP/id Daggar- and sword wera rscevered fmm the spe‘r. Seized articies ware examinad by Drwjvake‘i'xm Cvupm (PW-19} yida Exs, 9/29 to Pl32. 5aize4§ artides were sen? for shaming! é, Eta‘iemanfs a? The witnesszs Mre remrdgd under Sad-inn 161 9f The Cnde 91’: (m Siam“? ‘Cgde'l After mmpletian 92F invesfigfinn, ch srga shear? was fiiid befgre fine Judicin! Magisfmfe Firs? m‘ Criminni Pracedure y n n @ glass, Sumjpur, whr) m 114m cgmmi'ri'ed The msg 1’0 fhe Cour? of Session5, $Jrguja. (Ambikgpurl fmm Wham Earned Firs? Addifiam! 5essi9ns Judgei “ I received we. rm?- on transfer far trigL 7.. 2n erder 1113 prave. ‘Hqg gnih‘ of the accusad/gppalbms, the yasecufien examined. as many as 19 w§massai §ta?amenfs 9f the accusedmppellams ware rgcmdtad wider Searion 313 of The, Cade Wham fhey denied ‘rhe circumsmnces agpeariag againsu‘ ‘H'wm rind pleaded \inngcence and fglse imp3%m?ion. Th- appaQazafs have faker! spacific .de'fence that the § ! cemphimn? party has assauifed apgeH-an? @Jlam Ahmad and causad fgur rad i injuries and Simmn r: cau5gd we injury. They wem nisn amminad by Dr.§a'ryakew>§upt (PW—19) Vida Exs.Dfi and DXZ. No assismncz from pubEa wwerifizs 3mmedia‘rz!y wa< availablg To them. The sompiaimnf pariy came. t0 i'ha house (31‘ ?h2 assaised parry and fhey assaul'tad accused garfy by sward, dagger and mher dangemus wzargansi therefore, no option gyropt fn mnw injury 1's save Their §§~fe was available To the. Qccused pariy, than in exercise c-f right 9f priva'fe defame of tha persen, they haw. crm' d minimum injury maessary To save them. The defense has examined $.agar Smgh (DW-l) and DnSaafyakaw Eupm. 5agar S§ngh (DW—l} has: deposwd in his ayidence fhm Dilsher and Abdul Mmjid were pr wen? in fha field and whan ggpellnm Guhm Ahmad went m me. field wHh seed, ?hén h§!sher as.-aul'fed fmhm Ahmad by spade. and dzceasgd Abd :! Maiid dsswimd Eluhzm Ahmad by sfiak. Dilsher assaul‘rad Guidm Ahmad by sgadg dver his rigid? knee. Ho smuwd fw- heip. Afirer hearing seudd, Vda‘d’war of &u!am Ahmad mmeéy $im1’un prowzdgd Tawdrds the ,cslace‘ 9f §ncidew whdm idgurad wa‘mesg Halimd Bibi (PW-.3) assmdted by skit, war h” head r'nd bod! The gdrfias have. dswuh‘ed 1'9 each ofhe.. $irdmn fail dawn in fha iand. Af‘rg? ihe ineident, Abdul Majid ran away from tha spat 1’9 hid hduse‘ DrxSnd‘tydkel‘u 6upm (DW-Z) has deposed in his dyidgnce Th J.- ha has exomined Guiana Ahmad on 8‘72Q02 vide Ex.D/‘ and over his right hand, size 12 ems. x % cm x mussei deep. 3§ood vgdsais ware found cuf'and irhzm was excessiv- bieeding and incidad wo g we inaised wund z» er 39,29? scapui r' reg-Em, siz Beirh The injurias were grievgus in natura. One lacemfed wound over head and pariaml and tempwa! area, size 2 % cma. x 1 % cms. x 2 ems. , 2 cms. x INP gm. He is gdyisgd fer .X-my. Gm abm$§gn wvr righ‘? kme, size, Z cms x 1 cm He has a!39 examined S§rafun M$ha Vida Ex.D!2 an The some day and fgLmd incisgd wound aver the hmd, sizg 4 4:3235‘ xr 1 % §msy x iv gm, 8. After affgrding an Qwevwniw ef hearmg 1’9 the pa‘rfies, kamad Firs? Addin‘iam! Sassmns Jud-3a. J , SurgéJPur' has convicfed and samancad. ‘rhz accusgd!ap;zei!ams as aft: rgmentioned. 9“ W”. have Emmi MnAbhay Tiwari’ cgunsel for fhg appellams and MnRakesh Dy£oxtAdvacafg far ‘thg Ski-alresgnndenf and perused the ‘udnmen‘l’ impugned gs £359 recgrd of 'H'Ie trim! Cmlr'ir. c 10. Lamed comsa! far ?§'!e aweHcmt v hamen?!y argued fha? 'E'hrz n!!egad inc-idem mak p3aca w. *‘w grew-1i 9f disputz ef fhg Imd and Ewan! Mahmoed hgs alss lodaad *rha my»? against the. cgmglaimnf gar-i3!“ The pmsacufim has n9? axp.si.ed ‘i'he injuries found over- :the body of accused persons and has sensedad ggnasis of she offanca. In the. absance of 2.3m la J 1.. iat! 9f tbs injurias fauna! 9hr *2 bady 9f the accused persens, only presump'risn can be drawn thaf fhe csmpleinam par-try has caused injuries f9 fhe accused perih/ and ihen shay have caused injury in exercise nf rials? af private defe.ce. Crime Malia/2002 has been registered against sh someiainanf party under Sec‘i'ian 307 of the Indian Penal (indei in which ‘ihaugi‘! They have beeh acquisfed of fhe charge but shows thei- ‘rhe campiainant parw has caused fem! injuries 1’0 The accused party/i The defence. is hm uni‘ier abligafian 1'0 prove its defence like fhe case af the pros-cu’fien. The defenee is aniy required 1's cast daubt over the. caes 9f fhe preseeu‘iian and in fhe presen? case, The defence has proved ifs defence. f m i w. Learnea mnnsel pl aed relianee in the matter of Anohd. Pnmwani v. $tate sf §eihi1, in which $9 Apsx Ccur‘f ha$ ha!d 1'213? an accuszd parser: undar Section 195, Evidence. Aw, 1'9 gs?ab!ish h s péea of private dgfence is mt as mamas as the unshif‘ring burden which Has on The progecutim 1'9 esmbiish wary ingmdizn? 0f fha affence with which the. accused is chamzd biyand rgasrmabh dgubt it §s furthgr we!! es‘mbiished fha? a with imminawi’ peril 9f iife and limb of . 'mself 0r- Qno‘i’har, is . m wgigh in “gaiden scaie$" the precise. force needgd t0 rwpzi 4..i:- w £1. d d anger. Exen if ha cw fhe hea‘i of the moment carries his defmcz <1 ii'ii‘ia furi‘her- than wha‘i wwirj b? nacessory when calcuizifed with precigicn and exaciifude by at, calm cmd unruffiad mind, the iaw makes dug aiimniance far it .Gn the other hnm'l, learned State/respandent counsel supported the impugned judgment arid argued fha‘!‘ Hm: amused persans have farmed uniawa‘ui as-emi23v fer ceramiir‘ring murder of §bdui Majid, a'h‘emptd m commit murder 9f Haiime Bibi and injury T9 5imj and Diisher and in furihemi'ice 0f cemmen cbjec? 9f unlawfui assembly, they have aammi'ited +;h afares aid affenees" Learned cou.sel furiher argued that counter case was aisa registered at the instance af the appellants against the campiainant narty. The present appellants have net caused nny injuries t0 the campiainant party in exercise at thei. right of private defence and even such right was net ayaiiebie to them at the time 0f mmmissian 9f the affence‘ i)i Tn and» i the appellants have net substantialh; eisputed hemieidal death as a resuit of ante-mertem injijries of deceased Abdul Magid, an the ether hand, otherwise else estahlished by the evidence at DriA.L.59ni (PW-14) and autaesy vizie ExiP/13 which reveais that fatal injuries were fauna aver his A .r ta D 23 . .e ppreciate the arguments advanced a behalf 0f the parties Ve examined the material available 0n recerd. In the present case 1 1 ‘ IAIR 1980 Sc 1341 l vor- nnd hond a. _ fhe same w.re sufficien? fer causing his death and dagfh was hemisidnl in mfurz. Defence has also no? dispute-d. fairs! injuries found ovor +he rivsi' 9f inmwd Haii.a Rib: Whmh was stab and prercmn mmrv through & fhmugh over the chest and same was fan! to the life, an The ofher hand, o‘rherwise alsa esfablished by the evidence af Dr.$a‘ryakefu Gupta (PW—19) and medisai examinatian report ExPl33. Simple injury and mused wanna faund nver- the Early of $iml Mi misher‘ Ah nr-p nisa mt d sh y the np ”n+5 Q the Lather hand nthemuma (Ike ggtnhilchg(4 by the. gyidgngg gf h 5g'h/nkatJ Ewptg (PM/ 19\ onri marhrg! pygmmntmn "apart Fxs P/ a d W35. In the present case the campiainnnt partv were eyammed an 8 7.2002 by Dr.5ntvnketu Eupta (PW-1m whn has alsa mmned aeaus C lnm Ahmnri v 14 FYJD/l a the same cim/ at ahout 8 arm. and accused CH am Safrlnr rm the same day wde FY hl? Fxs D11 and “/2 are Inlurles rehnrt of arcssed 6Lilam Ahmad and @Jiam Satdnr (‘rime Na.42/2002, registered at Police $tation Premnagar agamst the campiainant party under 5zction 397 af the Indian Pena! Cede and the present Crime Na. 41/2002, registered against the agipeiiants party reveais that both the cases are caunter cases and cammitted sae‘time at same p n - h we same parties. 14.As regards the cnmnl ity at the accused/appeliants in the crime in question is cancerned, the canvictian is based nn emdenre n-F eye untnesses/inmred witnesses, reaavery of weapans an the basis of disc! .we satem de hv the anpellants and presen of bioad over the weaptins Hallma 3th" (PW—3) injured witness has depassd in hen evidence that at the time at incident at abcut 7-7.30 am, the aapeitants came ta her hause, they surraunded her hause and after abusing them sta.ted assaulting to them. Appellant Eula!!! Mahrnaad was halding axe, anpellant Guiana. Akhtar was holding dagger? aapellant (:‘Iulam $afdar was halding rad and ether ca-aaaused persans were halding sticks. Deceased A dLl Mnjld was present inthe kitchen garden 0f Dilsher. After hearing saund at quarreli deceased Majid came near the place of incident, then \ vs.“ , vui- N -.r. m m n appeEam's assaulfed. Abdu! Majid‘ They assauH’ed aver 'the head 9f Abdu! Majid. She was frying f9. save hex- husbend, at fha‘!’ fime, appelkmf Gumm Akhmr imfEm‘ed injury by dndner aver her abdomen and ather appelien‘rs $.50 a$srju§Tgd her, her husband diad on fhe, Spot Chi!d witness Stunina Bang {PW-7) has also germbaamfed fha evidenm 9f Halima Bibi (PW-3}. Anoi‘hgr imjumd wifnass am“! Ni {PW—15) ha? depased in his ey§dance ma? :r!‘ the fima 0f §nc§daf§t a” +11? appahnfg mmg wi’!’h oxa stick, md, dagger anc’ swnrd, fhay agsauhed 1'9 his fa?her Abdul Majidy Ha Triad ‘m Emervene Th2 quarreL bu? appeiianf Etulam Mahmaod assaui'red over his head by Md, They kiiied Abdu! Majid an the 590?. They have aiso essauifed his bm‘mer ‘ Diishar‘ and agpgiim‘!’ Emiam Mahmaad assauifed by dagger. Chamrdhnri (PW-i) has depnsed in his eyidersce shzr!‘ he has sgen injurias aver fha dead bady 9f Abdul Magid, burr has m? supgorfed fine case of the pmsecuiian. Jamshar Aii (PW—2) has corroboratd the, evidence of Halima Bibi (PW-3). Eh Li mss-axamina‘iien, Jamsher- Ali {PW-2) has admi‘i’md fhm‘ bofh the gar-ties am heighbaurs. He. has admifted in paragmhh 15 of his avidence. misting. to the icind dispufg. He has denied the suggestioh ‘thg‘!’ an the graund 9f riisgsfe, Diisher and Abdui Majid have asswiifed Guiana Ahmad by sfiek and spade and aise denied she. sugges'rian in paragraph Z1. the? they have esseui‘md The compieihen? party end Halima Bibi (PW-3), masher 9f ‘ihis wifhess hes aise as nul'E-ed (fa—accused $imtun by stick Qver her her: quarreied hind assauhed ’m each other. r has also denied in paragraph 29 of his‘eviden .e tha‘r They havv caused any injury Ta Gulam Ahmad and 5i ra‘l’un; *‘JJ Ui 4 d and she feii down. He has aiso dehied the? bath the parties have IEN “ . 15.Defenc,e has cross-examined Haiima Bibi (PW—.3) in detail“ In her erass- examination she has admitted +119 enmify between bc‘i'h fhe par-ties reia‘i‘ihg fa ene air! and the land disgutei but has denied‘that fir-stiy, they have assauited the accused. party. She has speeificaiiy denied in paragraph 15 sf her cross-examinatiah that her husband has firstly assaulted erg-accused $iratun. §amina bane “(PW-7), daughter of deceased Abdul 1‘ @ Mniid, hm admif? rd in hNr cmss—examinaticn fhm' befh The par-fies are ne§ghb$ur5 and fir<t!y, incident wok phcg behind her house, but? she has daniad ?hcxt may hava assauh'e the accused party. h¢Fence has cross— examined Sim} Ali (PW—15) in demii, In his demi! cross-examimfion, hg has deniad 141a? his brefhzr DEEShzr AH has assaul'rgd Gulam Ahmad by spsda and fhey hava asssuhed fhe amused party, Hz has also denied thm They ware sssmuhing 5emmn, 'then the ncrusgd party came fa save hers Injuries ware 2x-_mined by ’Dr.5a?ya!<,em (:i'up‘m (PW-19). Defence. has cross-examingd “rhis wimzss as dgfen-e wimass 2. He. has degassed in his evidance thaw? 9h 8.7.2002 w on fhrz dm‘? of incident ha has examinzd appellgh‘i’ Eulnm Ahmad vise Ex.D,/1 and faund faur injuries as men‘riened in peregmph 7 9f The said judgment His evidence and report Ex‘Dfl raves! frag? ‘i'wa incised and ene iacemi'ed wsund were found in scapular regian and head The evidence af Dr.5.afyai<e‘iu @‘agi‘a and ream? ExD/Z aisa r'e iha? ehe incised weuad was faiind over The head af Simiun Misha which revseis 'i'ha'i' beih i‘he persans were received injuries a1- ‘rhe fime of incident. Ihguries faund. ever right? hamj of +he appeliani' Euiam Ahmad of size 12 ems. x §.5 ems, mussels aed blood vessels were found cut excessive bieeding was present and injuries were grievous in nature. Likewise, secand injury found ever sceeuiar region was also grievaus in nature. It shows that injuries found over the body of appeilant Quiam Ahmad and Saratun Misha were not seif-infiicted and not trifle. d n a ! 16.The prosecution has not expiained the injuries found over the body of the aceused‘party, though in a}! cases the prosecution is not required to expiain the injuries inund over the body of the accuseri nerso.s, if thev are trifie in eature ana‘ m V sous.-. during the course of soutfie, but if the injuries are grievous in nature and are notable size, then the nrosecution is under ehiigation to expiain the injuries, otherwise, it may he presumed that firstly, the oompiainant party assaulted the accused, then they have caused injuries t9 the compiainant eartyi §tation In‘aharge Khuleshwar Sai Paikra {PW-i3), who has condudted investigation, has admitted in a- ,e -_... a..- ‘JI' i @ paragraph 19 9f hés crass-examinatim that appglhnt @uiam Ahmad has c!so ladged the repar? against Diisher and Miners. He has also admitted in paragraph 23 of his cmss-examinafim That? appeilan? Gukzm Ahmad and $.Emmn Nisha. were nisg ammiaaed Lxy Thg docter and 5imtun Nisha was admi‘rfed n haspim! shag 3.72992 1'9 29.72002 The evidence of this wimzgs shgws T2193 Mjurie‘s 9f Simman. Misha. were aiso grievmm in ngfure ami aven she has admitted in hesgi'ra! fer 21 days. Incised wwnd was found ever her hand. Th2 presecui'im has examined wher wifnessas, but They have. m)? supgor‘had ‘E‘ke msa 0f The grasem‘tian and they have dzpnsed fha fhev hays sags in wigs avsr The per-sons after The incident. Thay have dasosed fha‘t fhay cams 'i'e know tha‘!‘ quarrel Tack, pines bz'twean bafh tiw parties and both fhe parties received injuries. - According ta the case at the proseeutian, the appellants came near the hguse 42f The campiginan‘l‘ parfy dong! with weapans and 'fhay hays, assauifad comgiaimn‘!‘ gariy cad caused hnmicidai dea‘th 91F Abdu! Mgjid, serious injury by sagger passing Thraugh 134 Thraugh fram from part abdomen 'm back par? {back) 1'0 injurad Haiima Bibi and injuries by shsrp edged weapan ta Diishar Aii and Siraj Ali, 'fhareby fhzy have caused injuries ta faur 1: ni .1 i... I x ‘1. sans and m 1' at? faur parsans, ens Abdul Majid diad o. tha spoil. Halimn Bibi (PW—3} rnneived injuries by dagger and Wm afher parsans received simple injuries. Dr.A.L.5ani (PW-14) and au’mpsy repair? EXP/1.3. reveal fhaT Twa fa‘lal injuries were found over The head of deceased Abdul Mdjid. The evidence of DnS-afyakefu Eupi’a (.PW-19) and medical reporf ExP/33 reveal iim'r three injuries were feund aver ihe body 9f Halima Bibi, medical reaporf Ex,P,/34 0'? injured Sirej Ali, reveals that 'lwo injuries were found over bis bddy end medical repari’ ExP/35 9f injured Diisher Ali reveais fbat ‘ib ree injuries sere feund over fhe body of Diisber Ali. .Jamsher Ali (PW-2) has admitted in paragraph 28 af his gross—examination that crimiea! case fer fbe affence eunisbede under Sections 307 dz 32d 9f fbe Endier. Penn! Cede is nendino against his father and brother. He has r' J J v aisa admitted in paragraph 1Q af bis crass—examination that the appeiia.ts 12 are ngignbmrs and houses are adjnining f0 each afher where The inddgnf wok plagz, Haiima Bibi {PW—3) has admittarj in paragraph 19 9f her cross—axmmimfim fim? ‘the appeganm are naighbeurs. She has denied the sugges?§en Sn paragraph 14 af ha!" crass-axamina‘rion fhm' ska has assauhed accused party. 1 9.131 +ha gmszn’r casa, +he prnwmuign hn3 n91“ exphingd The $eriaus caused mar i'haz bedy 9f appeiEan‘!’ Guiam Ahmad \zmd anafhar injwed ctr—accused Simfun Misha. If the §njurias are. no? explained by the pm.-e¢u?inn, ‘rhen if may be prgsumed that The amused perscns were haying right'af grivme. dgfgnce 9r in gemm! That fha presecu‘rien avidence shoulc§ be rejgcnkzd {m fhey have mt came. aux? with the whe!z truth ‘13 ?G.WhiErz Aaniing wi‘l'h Thé jumes nr‘ficuiarhl raoardim The aaazgis 0f tha occu..encz‘ I J J J iesfian of nm-exphmtian 9f injury, The .. ex 4 Karntakg v. J§nappa Payewa Kudash? §9¢ Ah I. qL CnH’r‘f in “3a nm‘??er' gf 5m? amA cmzrs u. 2 i135 abser—vzd én paragrayu as. é as an aria “6. The effecf 9f nan-exphnmion by ‘Irhe pmsecufien about The injuries en The accuseti persons on The facfs and circums’rances 9f aach Case. Normaiiy I ‘ if fhei‘e is such non- zxpianation, it may a? ‘rha mns+ give smhe to argue fhcm’ the accused had The righf of privam defence or- in genemi Thu? ‘i’he prosacuéiar: evidence shouié ’06:: rejeci‘ed a3 hwy have no? came Qu‘r with me. wh‘oie irrufh particularly regardmg Thg genesis of fhe occurrence. In ’i'he insfan'r case, The occurrence fook piace ih fhe bus H'seif ai- fhe §ushmrd