- (1.) This appeal is directed against the judgment dated 25th February, 1977, passed by the learned Sessions Judge, Ajmer, in Sessions Case No. 63 of 1976.
(2.) The prosecution story unfolded during the trial is that on 4th June, 1976, at about 4 P.M. in village Doongarkheda, the bullocks of the accused party were grazing. PW 3 Mantan was there and he wanted to take out the bullocks from the field, but he failed to do so. Thereafter, he came to his residence and informed Nooraji and others about the fact of grazing of the bullocks of the accused party in their field. It is further alleged that Noora went there for the purpose of taking out the bullocks from the field. It is further alleged that Subhan started beating and inflicted blows on the head of Noora with an axe. It is further alleged that Ratna inflicted a blow on the shoulder of Noora with an axe and Nain Singh inflicted a blow on the stomach with a sword. It is further alleged that Ismail also gave a blow on the deceased. Thereafter, Hari, son of the deceased, came on the spot and tried to intervene. Hari was also given beating. The other witnesses have also stated that they reached the spot and seen the occurrence. They are PW/4 Dhanna, PW/5 Alladin, PW/6 Jora, PW/11 Sohan and PW/12 Jalaludin.
(3.) Dr. B. B. Sharma (PW/1) conducted the post-mortem examination of the deceased, Noora, and found the following injuries on his person:- 1. Incised wound 5" x 1/2" x bone deep on the left parietal region. Cut meninges and brain matter pulsating into the wound which was spindle shape with clean cut margins transversely dilated. Floor of the wound containing blood clots. 2. Incised wound 2" x 1/2" x ⅛" on the right posterior ill ice spine with clean out margins and spindle shaped vertically situated. He prepared the post-mortem report Ex. P/4. He also examined Hari and found the following injuries:- 1. Incised wound spindle shape with clean cut margins bleeding 6" x ⅙" x 1/4" in left parietal region extending upward on the left region extending upwards on the left ear cutting the pinna and downward towards ramus of the left mandible. 2. Incised wound spindle shape with clean cut margins and bleeding 4" X 1/10" X 1/12" on the posterior aspect of the right shoulder. 3. Lacerated wound bleeding 1" X ⅛" X 1/10" on left parieto-frontal region. 4. Three abrasions covered with clotted bleed 1" X 1/10"X 1/4 "X 1/2"X 1/10" on the interior surface of lower half of the right fore-arm. 5. Abrasion covered with clotted blood 1/4" X 1/2" on the dorsum of left hand.;