AM 21 WFQ (9 99 HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Appeal No.1027 of 2007 Jamuna Pmsad Vs. S’rafe of Chha’r’risgarh Crimina! Appeal No.1028 of 2007 Ashok Kumar' Vs. STaTe of Chho’rfisgarh Criminal Apnea! No.1039 of 2007 Loxman @ Videshi cmd o’rher's Vs. Sfai'e of Chhaifisgarh 19/8/2009 JUDGEMENT BE POSTED FOR PRONOUNCEMENT ON f SdlL T‘P. SHARMA \\ Judge i W % HIGH COURT OF CHHATTISGA-RH AT BILASPUR Criminal Appeal No. 1027/2007 APPELLANT (In Jail) Jamuna Prasad, S/o Kripal Safnami, aged abouf 55 year's, R/o village Padi, Police Sfm‘ion Hirr‘i, DisTr'icf Bilaspur' (6.6.) Versus RESPONDENT S’rafe of Chha’rfisgér'h, ‘rhr‘augh S.H._O., P.s. Bilha, Dis’rr‘icf Bilaspur (C.G.) Criminm Apgem No.1oza/2oo7 APPELLANT (In Jail Ashok Kumar, S/o Bhoj-raj Sa’rnami, aged abouf 26 years, residen’rs of village Padi, Police Sfm‘ion Hir'r'i, Disfr‘ic‘r Bilaspur‘ (C.G.) Versus ‘rate of Chhaffisgarh, ’rhroug S h S.H.O., P.S. Bilha, Distric’r Bilaspur (6.6.) And RESPONDENT Criminal Appeal No.1039/2oo7 APPELLANTS (In Jail Laxman @‘ Videshi S/o Panchm Safnami Aged about 46 Vr's. Paragdas S/o Bagalu Sm‘nami Age abouf 46 Yrs. Parasram S/o Puran Lal Safnami Aged about 4O Yrs. Lakhanlal S/o Panchram aged abou’r 6O yrs Amriflql S/o Panchr‘am Sa’rnami Aged abouT 50 yr's. Dhaniram S/o Lakhan Safnami Aged abou‘r 25 Yrs All Residence of Village Podi Polic STaTion Bilha, Disf‘rBiIaspur (6.6.) @ ) ) m d t . e Versus ’rafe of Chha‘h‘isgarh Through, Police S‘rafion Bilha, Dis’r’r. Bilaspur (C.G.) (APPEALS UNDER SECTION 374(2) OF THE CODE OF CRfMINAL PROCEDURE, 1973) (SB: Hon‘ble Mr. T.P. Shorma, J.) Present Mr.Suprendm Singh, Senior counsel wifh MnNeeraj Mehfa and Ms angee’ra Mishr'a, counsel for The appellan1's. Mr'.Sushil Dubey, Governmen’r Advoca’re for ’rhe S’rafe/r-esponden’r. DGMENT (Delivered on 19““ Augus’r, 2009) Criminal Appeal No. 1027/2007 filed by Jamuna Prasad, Criminal Appeal No.1028/2007 filed by Ashok Kumar and Criminal Appeal No.1039/2007 filed by Laxman @ Videshi, Paragdas, Parasram, Lakhanlal, Amriflal and Dhaniram are arising ouT of The judgmenf of convicfion & order of sen’rence da’red 23.10.2007 passed by fhe Special Judge, Afrocify, Bilaspur, in Sessions Trial No.82/2007, Therefore, fhey are being disposed of by This common judgmenf. 2. The aforesaid criminal appeals are directed againsf The judgmenT o convicTion & order of senTence daTed 23.10.2007 passed by The Special ‘J'udge, ATrociTy, Bilaspur, in Sessions Trial No.82/2007 whereby and whereunder learned Special Judge afTer holding The appellanTs guilTy for The offence punishable under SecTions 147, 148, 323 read wifh SecTion 149 and 304 ParT—II read wiTh SecTion 149 of The Indian Penal Code, each of Them have senTenced To undergo rigorous imprison’menT for 6 monThs under SecTion 147 ofqjhe Indian Penal Code, rigorous imprisonmenT for 6 monThs under SecTion 148 of The Indian Penal Code, rigorous imprisonmenT for 6 monThs under SecTion 323 read wiTh SecTion 149 of The Indian Penal Code and ‘x rigorous imprisonmenT for 7 years and To pay a fine of Rs.1000/—, in defaulT of RESPONDENT S S JU f a} paymen’r of fine To furfher' under-go‘simple imprisonmenf for 6 months under Sec’rion 304 Par’r-II read with Secfion 149 of ’rhe Indian Penal Code. 3, JudgmenT of convicfion & order of senfence is chaHenged on fhe ground fha’r wi‘rhouf There being an io'ra of evidence, The Special Judge while acquiffing 9 co-accused persons on fhe basis of same sef of evidence, convicfed The aforesaid appellanTs and Thereby commiTTed iIlegaIiTy. 4. Case of The prosecuTion in brief is ThaT on faTefuI day of 21.10.2006 aT abouT 5 p.m. deceased YashwanT was siTTing along wiTh injured Rajesh, Balram, Virendra, Narendra near JaiTkhumbh under peepal Tree aT village Podi, DisTricT Bilaspur, accused persons armed wiTh sTick and beTeI axe consTiTuTed unlawful aSSembly and came Towards peepal free where injured were presenT. The accused persons shouTed ThaT ThaT They will noT leave alive any persons and used filThy language. The accused persons have assaulTed YashwanT by sTick and beTel axe and also assaulTed To Rajesh, Pila Das, Balram, and Manglin Bai. YashwanT and Rajesh fell down and become unconscious. Villagers Took The injured To The hospiTal. Manglin Bai lodged The FIR. vide EXP/20 aT Police STaTion—Bilha. There was previous rivalry beTween Two groups. Injured Balram, Rajesh, YashwanT @ Bhagwan Das, Peela Das and Manglin Bai were senT for medical examinaTion and examined by Dr.Devesh Kumar Pradhan (PW—9). Injured Balram was examined vide EXP/21 and found one laceraTed wound of 2 x1 c’m. over righT hand above elbow joinT and pain in lefT index finger. Rajesh was examined vide EXP/22 and found laceraTed wound of 5 x % cm. over parieTal occipiTal region, one laceraTed wound of 2 x 1 cm. over lef fronTal forehead and lefT side scriTal swelling. YashwanT was examined vide L EXP/23 and found one laceraTed wound of 5 x 1 x 1 cm. over parieTal bone, one laceraTed wound of 4 x 2 cm. over parieTal bone. YashwanT was semi conseious. FroTh was coming ouT from The mouTh of YashwanT. He is advised for ciTy scan. . Peela Das was examined vide Ex.P/24 and found one laceraTed wound of 6 x 1 x 1 cm. over forehead and Manglin Bai was examined vide Exf/Z5 and found swelling of 3 x 3 cm. over lefT forearm. YashwanT was T 1K9 Ishiffed To CIMS Hospi‘ral, Bilaspur for fur‘rher‘ ’rr'em‘menf. He was admi‘rfed in the hosph‘al and succumbed ’ro 1he injures on 22.10.2006 m‘ abouf 12.30 a.m. (nighf). In’rimd’rion was sen’r To The police vide EXP/29. Merg infima’rion wa recorded vide Ex.P/30. The docTor offer serving no‘rice fo ’rhe wifnesses, inques’r over fhe body was prepared vide EXP/32. Dead body of Yashwam‘ wa sen'r for auTopsy vide EXP/33. Autopsy was conducted by Dr.Vijay Kumar r w Verma (PW—7) vide EXP/19 and found following injures:- i) Incised wound of 2 % x % " x bone deep over leff side of fhe head. ii) Incised wound of 3" x 1/2" x bone deep over upper parf of fhe righf ear iii) Diffuse swelling over enfire head. Frac’rure of skull bone and righf parie‘ral bone beneafh injury No.1 and and oflT‘er frac’rure was found over righf side of fhe head. Injures were caused by hard and sharp object Injuries were anfe-morfem. Cause of deaf was coma and deafh was homicidal in na’rure. 5. Plain soil and blood sfand soil were seized vide EXP/18. Spof map was prepared by pafwari vide EXP/27. Sealed clo’rhes of Yashwonf were seized vide EXP/34. Spof map was prepared by fhe invesfigafing officer vide EXP/35. AccuSed Laxman @ Videshi made disclosure sfa’remenf relafing f befel axe vide EXP/'1, some was recovered af his The insTance vide Ex.P/4 Accusea‘ Parasram made disclosure sTaTemenT relaTing To beTel axe vide EXP/2, same was recovered aT his insTance vide EXP/5. Accused Parag Dos made disclosure sTafemenT relaTing To be’rel oxe vide EXP/3, same was recovered aT his insTance vide EXP/6. One bamboo sTick was recovered from accused Govind vide EXP/7. One bamboo sfick was recovered from accu3ed AmriT Lal vide EXP/8. One bamboo sTick was recovered from accused Ravi Shankar vide EXP/9. One bamboo sTick was recovered from accused MohiT Ram vide EXP/10. One bamboo sTick was recovered from accUSed Vyas Narayan vide EXP/11. One bamboo sTick was recovered from accused Dhani Ram vide EXP/12. One bamboo sTick was recovered from accused Mahesh s s 2 h o . Kumar Vida EXP/13; One bamboo sfick was recovered from accused Lakhan ide EXP/14. One bamboo s’rick was recovered from accused Ashok Kumar vide EXP/15. One bamboo sTick was recovered from accused Jefhu Prasad vide EXP/16. One bamboo sTick was recovered from accused Narendra Kumar vide EXP/17. Accused were arresfed vide arres’r memos Exs.P/36 fo P/53. All accused persons were sem‘ for examinafion to medical officer vide Ex.P/26-A and affer examina’rion of The accused persons, befel axe and sfick by Dr.Devesh Kumar Pradhan (PW-9) vide EXP/26, he has opined fhaf injures found oler fhe body of injured were caused by fhose weapons and dea’rh may be caused by The said weapons. 6. S’rafemen’rs of the wiTnesses were recorded under Secfion 161 of The Code of Criminal Procedure, 1973 ( in shorf 'Code’) and affer compIeTion of inves‘riga’rion, charge shee’r was filed before ’rhe Judicial Magisfra‘re Firsf Class, Bilaspur who in furn commi’rfed The case To The Sessions Judge, - Bilaspur from where learned Special Judge, ATrociTy, Bilaspur received The case on Transfer for Trial. 7. In order To prove The guilT of The accused/appellanTs, The prosecuTion examined as many as 14 wiTnesses. STaTemenTs of The accused/appellanfs were recorded under SecTion 313 of The Code where They denied The circumsTances appearing againsT Them and innocency and false implicaTion on The basis of rivalry is claimed. Defence has also relied upon Ex.D/5 one reporT daTed 6.8.2006 by Gangaprasad and Ex.D/6 daTed 21.10.2006 by Ganga Prasad againsT RohiT @ Jawahar and oThers. 8. Learned Special Judge afTer affording opporTuniTy of hearing To The parTies,convicTed and senTenced The accused/appellanTs as aforemenTioned. 9. I have heard Mr.5urendra Singh, Senior Counsel wiTh Mr.Neeraj MehTa and Ms SangeeTa Mishra, counsel for The appellanTs and Mr.Sushil Dubey, Dy.GovT.AdvocaTe for The STaTe/respondenT and perused The judgmenT \ u impugned as also record of The courT below. \ \ \ @ v Qé 10. Learned coun5el for- fhe appellants argued That 17 accused persons have been Tr‘ied for ‘rhe commission of The aforesaid offences and ouf of 17 accused persons, 9 accused persons have been acqui’rfed on ’rhe basis of some sef of evidence and 8 accused persons have been convicfed and senfenced on fhe basis of same sef of evidence. Learned counsel furfher argued Thaf fhis is nof a case of The prosecufion ’rhaf ’rhe aforesaid 8 accu3ed persons have com‘miffed offence in firs’r parf and resf 9 accused persons have commiffed offence in second parf or fhe evidehce relafing fo The accused acquiffed are separable from fhe evidence relafing fo fhe presenf appellanfs, fherefore, acquif’ral of 9 accused persons on The basis of same seT of evidence and convicTion of The presenT appeIIanTs on The basis of same seT of evidence is bad in law and The presenT appeIIanTs are also enTiTIed for acquiTTal on The ground of pariTy. Learned counsel also argued ThaT The prosecuTion has noT proved The consTiTuTion of unlawful assembly and iTs objecT of commifTing murder. The case of The prosecuTion reveals ThaT deceased YashwanT was residenf of Bilaspur and was noT residing aT The village Podi. Before some days he Came To village Podi To celebraTe Diwali fesTival. BoTh The parTies were having inimical Terms, buT YashwanT was noT.a member of any of The parTy. There was no enmiTy beTWeen The presenT appeIIanTs and YashwanT. According To The case of The prosecuTion, all of a sudden, YashwanT came during The course of quarrel and he was injured, The prosecuTion has noT adduced The evidence To show ThaT who has caused injuries To VashwanT and ThaT Too faTal in naTure sufficienT for causing deaTh. Learned counsel nexT conTended ThaT learned Special Judge has came inTo conclusion in para 45 and 46 in The ‘ judgmenT impugned ThaT The parTies were having inimical Terms, buT There was no inTenTion To kill The persons and suddenly quarrel Took place. No repeaTed injures have been caused To deceased YashwanT and There was no inTenTion To commiT‘murder of YashwanT. Learned counsel also conTended ThaT Rajesh (PW—1), Balram (PW-2), Peela Das (PW—4) and Manglin Bai (PW—8) are injured wiTnesses, buT They are inferesTed wiTnesses and member of rival group and inTeresTed in The convicTion of The aforesaid appeIIanTs, Therefore, Their * ‘ 11. Learned counsel placed reliance in fhe maffer‘ of Balaka Singh an oThers v. The STaTe of Punjab! in which The Apex CourT has held ThaT The CourT musT make an aTTempT To separaTe grain from The chaff, The TruTh from The falsehood, yeT This can only be possible when The TruTh is separable from The falsehood. Learned counsel furTher placed reliance in The maTTer of Lakshmi Singh and oThers v. STaTe of Biharz in which The Apex CourT has held ThaT The non—explanaTion of The injuries by The pr05ecuTion may noT affecT The prosecu‘l'ion case. Learned counsel also placed reliance in The maTTer of Budhwa, alias Ramcharan and oThers v. STaTe of Madhya Pradeshs in which The Apex CourT has held ThaT conflicT beTween medical evidence and evidence of wiTnesses, Then The only accuSed againsT whom The case is proved are liable for The commission of offence. Learned counsel also placed reliance in The maTTer of Govindappa and oThers v. STaTe of KarnaTaka4 in which The Apex CourT has held ThaT To fix The liabiliTy under SecTion 149 of The Indian Penal Code involving o large number of persons, The CourT is required To consider The naTure of commission, how They assembled, whaT weapons They were armed and how They proceeded and parT played by ' Them. Learned counsel also placed reliance in The maTTer of Bharwad evidence require minu're scrufiny. They have not specifically deposed Tha’r who has caused fa‘ral injury or- injur'y To deceased Yashwan‘f. Omnibus and bald sfafement is no’r sufficienf To fasfen The Iiabili’ry upon ’rhe appellan’rs. Learned counsel Ias’rly confended ’rhaf aT fhe worsf if can be presumed fha’r common objecf of The assembly was causing grievous hurT and grievous hur’r was caUSed To deceased Yashwanf, ’rherefore, ‘rhe appellan’rs may be convic’red under SecTion 326 read wi’rh Secfion 149 of The Indian Penal Code bu’r fheir convicTion under Secfion 304 ParT—‘II read wi’rh Sec’rion 149 of The Indian Penal Code is noT susTainable under The law. y. \ MIR 1975 sc 1962 ZAIR 1976 5c 2263 3AIR 1991 sc 4 41994 Supp (3) scc 357 d 2 W ‘Jihi Nagjibhai nd rs . Stae f Gujara‘r5 in which e r h held fha’r ifem‘ion of membrs f unlafu ssebly c b afr‘ed by na’rur‘e, ber and loca‘h‘on f injures inflic’red. earne nse l’r 'ac relianc i The m‘e of Kaaksha Rai other . Sfaf of .P.6 ch The e ur‘i hel ha‘ eneral nd omnus s’raTme‘ ih cific efen ’ Th idem‘i'ry of The individua case of gu qrel wou T sf To rel n de sses 12. n he oThe n, learnd cosl for h /responn upporTed he judgmen ig d argued ThaT Th rosecuTion has ove _ s eyond all shado o dubT aucing credible nd clin vdence ffiiem‘ rang nerence Ta‘l‘ The appanT are T erso h were mmbers of nlawul asembly have been coo objecT To k er ersos inclung ceed Yshwa and has cused fTal a oTh pn di deas anT a a nd daeros injures To Th oher red persans. They were armed wh ick and Tl xe an cused faTal injres To YhwanT and oTher injured persons. Wness a known To The accse and hey have idenTie an specicall pose The parT played by e ccs perSons. On The of dili feival e as no occasio for gaTherig wiTh sTik and beTe axe n even afTer ch ahering To proed here he oppoTe parTy wer Ting. IT shows Te cmmon objecT of The appellanTs To inish The persons, of The posiTe parT en hey were le. . lThough e eidence of he wiTnees require sious scruTiny beuse ll eewiTnesse are The members of The opposTe parTy. uT Their TenT cannoT card onl on Th ground ThaT hey r ieresTed, parTisan and inimical wiTnesses. TruTh of grain is required To separaTe from The chaff of falsehood. There are some discrepancies, exaggeraTion and omissions in The sTaTemenTs of The injured' wiTnesses, buT They are Trivial in noTure does noT effecT Their credibiliTy. STaTemenTs of The wiTnesses are corroboraTed by The sTaTemenT of each oTher, documenTary and medical akshba a othe v f o Th Apex ‘Cour’ as n e o w| am an e ghe num o Ld coul asly pled e n a’nr m and s v e U in whi Apx Co has d fi g a ib enr wfouf spe rrece ro e ls in rop uar ld no be ae y o The evince of wiTne. O T r had e une Te STaTedeT s T T mpuned an e p prd iTs cae b w f o by dd a ching ei suc for dwi if h ells he pns wo e uf s mmn ill y: 5 (1995) 5 SCC 602 6AIR 2000 5C 53 \ ngu e T inju iT sT bee a d a u as iTse re ud T fid d fiy ded Th aued day wa sT Thre w n n c l ad l su gT ce w T si e siT h o f op y wh T armss 13 A Th v T ss er ca a ys i B saTems be disde y e T ae nT W evidence. The Courf below affer‘ minufe scr'uTiny, acqui’r’red 9 accused persons ugains’r whom sufficiem‘ evidence for ’rheir‘ convicfion were no’r found bu’r convicfed fhe presen’r appeHan‘rs on fhe basis of clinching and credible evidence. Convic’rion of ’rhe appellan’rs under Secfions 147, 148, 323 and 304 Par‘T—II read with Sec’rion 149 of ’rhe Indian Penal Code is sus’rainable under the law. 14. In order To apprecia’re fhe con’ren‘rions of The parTies, I have examined The evidence adduced on behalf‘of 1‘he prosecuTion and considered ’rhe defence of The accused persons. Case of ’rhe prosecufion resfs on The sfa‘remen‘rs of The eye wi’rnesses, injured wifnesses, recovery of weapons from ’rhe accused persons on The basis of disclosure sTaTemenTs under SecTion 27 of The Evidence AcT and medical evidence. In The presenT case, The presenT appellanTs have been convicTed for consTiTuTing unlawful assembly ’ armed wiTh deadly weapons, causing simple hurT To Balram, Rajesh, Pila Das and Manglin Bai and causing homicidal deaTh of YashwanT noT amounTing To murder. 15. As regards The injury of Rajesh (PW—1); Balram (PW—2), Pila Das (PW-4) and Monglin Bai (PW—8) is concerned, They have specifically deposed ThaT They were assaulTed in The said incidenT. Dr.Devesh Kumar Pradhan (PW-9) who was examined The injured wiTnesses has deposed ThaT on 21.10.2006, he has examined injured Balram and found Two injures vide EXP/21, he has examined injured Rajesh and found Two injuries vide EXP/22, he was examined injured Pila Das and found one injury vide EXP/24 and he was examined injured Manglin Bai and found injuries on The poinT of injury. Defence has cross-examined These wiTnesses in deTail buT They have noT been able To eliciT anyThing in Their cross-examinaTion To discard Their sTaTemenTs regarding The injuries susTained by The injured persons aT The Time of incidenT. STaTemenTs relaTing To injuries is supporTed by medical evidence, inspires confidence and can be safely relied upon. As regards The injury of deceased Yashwam‘, ifs naTure and cause of death is concerned] eye wi’messes have deposed Tha’r Yashwan’r was also injured af The Time of incident DrDevesh Kumar Pradhan (PW-9) has depOSed ’rhaf he has examined Yashwan‘f on 21102006 and found one iacerafed wound of 5 x 1 x 1 cm. over' lef’r parie‘ral bone, one Iacer'aTed wound of 4 x 2 cm. over' Ieff pariefal bone. Fr'ofh were coming from The mouTh of YashwanT. He advised for cify scan. He died as a resuIT of aforesaid injuries. AuTopsy was conduc’red by Dr.Vijay Kumar Verma (PW-7) who has deposed ThaT on 22.10.2006 he has conduc’red auTopsy over The body of YashwanT and found one incised wound of 2 % x % " x bone deep over upper parT of ear of ‘ The head, one incised wound of 3 x %" x bone deep over righT side of The head. Diffuse swellin9 over enTire head. FracTure of head bone scull benea’rh boTh The injuries and fracfure of righ’r Temporal bone was found vide EXP/19. Cause of deoTh was coma due ’ro aforesaid injuries and cause of dea’rh was homicidal in naTure. AT fhe Time of iniTial examinaTion, fhe docTor has repor’red laceraTed wound buT aT The Time of auTopsy when iT was examined minu’rely, Then The docTor has reporfed ThaT fhe injuries were incised wound. STaTemenf of Dr.Devesh Kumar Pradhan (PW—9) and reporT EXP/23 reveal ThaT aT ThaT Time froTh was coming from The moufh of deceased Yashwanf. Injuries were serious. IT appears Tha’r immediaTe life saving TreaTmenT was necessary and The docTor has Tried his level besT To save, buT finally he succumbed To The injuries. Three injuries wiTh fracTure of Scull bone show The graviTy of injuries and iTs naTure. Injury found over The body of Yashwanf was faTal and as a resulT of such injury he died. 17. In order To esTablish The compliciTy of The accused/appellanTs in The crime in quesTion, The prosecuTion has adduced ocular evidence. Injured wiTness Rajesh (PW-1) has deposed in his evidence ThaT on The daTe of ' incidenT aT abouT 4.30—5 p.m. he was sTanding under peepal Tree in his village Podi aT ThaT Time The appellanTs along wiTh accused persons came Towards JaiTkhumbh. They were armed wiTh sTick and beTel axe. YashwanT, Pila Das 0 l \ and Balram were also presenT. They came near The injured persons and ' 16. .‘\ \ \ 5 @ @ sTarfed assaul’ring by sTick and befel axe. He received injury. Balmm and MangIinlBai were also injured. Yashwcn’r received head injury. Mama Vinod ’rook him and Yashwanf by bullock card To police s’ra’rion. Injured wi’mess Balram (PW-2) has deposed in his evidence fhaf on 21.10.2006 a‘f abouf 5 p.m. he was also siT‘ring under peepai Tree along with Peeia Das, Yashwam‘, Gopi, Narendra and Virendra, of Thai Time, The appeiIanTs along wiTh oTher co— accused persons came from JaiTkhumbh side and They abused and speak ThaT ThaT They will kill Them. They assaulTed YashwanT, Rajesh, Pila Das, Manglin Bai and also To him. He has also received injury. Injured wiTness Pila Das (PW-4) has deposed in his evidence ThaT Laxman, Parag Das and Paras Ram were holding beTel axe and AmriT, Lakhan, Narendra, Jamuna Prasad, Ganga Prasad, Vyas Narayan, Govind, JeThu Prasad, Ravi Shankar, MohiT, Narmada Prasad, Laxmi Narayan, Shiv Prasad and SujiT Kumar were holding sTick. They firsTly assaulTed VashwanT, YashwanT fell down, Then They assaulTed To oTher injured persons. Manglin came To inTervene, Then The accused persons assaulTed Manglin Bai. AfTer causing injury To Them, They wenT Towards Their house. 18. Agam Das (PW-5), has also supporTed The sTaTemenT of Rajesh and Pila Das. Manglin Bai (PW—8) and oTher injured wiTnesses have also supporTed The case of The prosecuTion and deposed ThaT accused persons came wiTh beTel . axe and sTick and assaulTed The injured persons. She has lodged The F.I.l2. (Ex.P/20). She was examined by The docTor. Defence has cross-examined These wiTnesses in deTail. Rajesh (PW-1) has admiTTed in para-13 of his cross- examinaTion ThaT he cannoT say who has assaulTed To YashwanT. Balram (PW-2) has also admiTTed The exisTence of Two parTies in village. In para—10 of his cross-examinaTion, he has also deposed ThaT’when he saw The accused persons ho were coming Towards Them, aT ThaT Time he did nof Think ThaT They will aTTack. 'He has admiTTed in para—2O of his cross—examinaTion ThaT when ccused persons were coming, Laxman Was holding beTel axe (fabbal). In para-29 of his cross-examinaTion, he has deposed ThaT Vedeshi @ Laxman, Parasram and Parag Das were holding beTel axe (Tabbal) and resTs were w a 12 @ holding stick. Pila Das (PW—4) He has admi’rfed in para-13 of his cross—examina’rion fhm‘ Yashwanf was residing a’r Bilaspur wh‘h his mother, fa’rher' and only fo celebr'aTe frhe Diwali Fes’rival he was present in ’rhe village Podi since lasT 8 days. He has also admi’rfed The existence of Two pari‘ies. He has denied The suggesfion ’rha’r They have abused The member of fhe opposi’re pariy, fhen oTher' persons came. He has denied ihe sugges’rion ’rhaT a’r The Time of’inciden’r There was darkness and They have noT seen The assailanTs. He has admiTTed in para—29 of his cross-examinaTion ThaT when YashwanT fell down afTer‘ receiving The injuries, Then They confinued assaulTing resT persons. In para—39 of his cross-examinaTion he has admiTTed ThaT when he saw The accu3ed persons near JaiTkhumbh aT ThaT Time he did