(1.) WHEN examined under Section 313 Cr. P. C. , responding to the question No. 20. Have you anything to say? The appellant answered :-
(2.) IT is apparent that the appellant has not disputed the presence of the deceased Bhagwana, the daughter-in-law of the deceased namely Santosh (PW-2) as also the presence of Mukesh (PW-4) at the place where the incident took place.
(3.) THE basis of the defence of the appellant, is the MLC Ex. PW-5/a of the appellant, which was prepared on the day of the incident itself i. e 15. 04. 2003 by Dr. S. A. Francis (PW-5) recording five injuries on the person of the appellant, being: (i) C. L. W. over upper eye-brow. (ii) Abrasion over right elbow. (iii) C. L. W. on right leg. (iv) C. L. W. over head.