(1.) Out of the four persons prosecuted for causing death of Dileshwar Prasad and for sharing common intention to do so, only two, viz., appellants Balbhadra and Sitaram, have been convicted and sentenced to imprisonment for life. They appeal.
(2.) The incident resulting in Dileshwar Prasads death took place at 5.00 P.M. on 17-11-1982 in village Shahgaon in Police Station Nandini, in Durg district. The assault on the deceased is said to be by Lathis in front of his house. He died while he was being removed to the hospital. The report of the incident was lodged by Bhukheram (P.W. 8) on the same day at about 11.00 P.M. at the Police Station Nandini During investigation, the post mortem examination on the body of the deceased was performed by Dr. D.L. Tamarkar (P.W. 9) whose report is Ex. P114. He found the parietal bone fractured. Besides this fracture, three lacerated wound on the leg and the arm were also found. Multiple contusions were found over supra scapular and infra scapular region. Fracture of right humerus middle part and left ulna, left lower tibia, febula, fracture of sternum at the level of 4th rib, fracture of left ribs at sterno costal junction and like fractures of second and fifth ribs were also found. Depressed fracture on the right parietal bone 31/2 x 11/2 with blood clots over the brain surface was also detected. All the injuries were found to be ante mortem. They could be caused by hard and blunt object like lathis. In his opinion, the fracture of the right parietal bone and the rupture of the right lung were sufficient to cause death. In cross-examination, the doctor asserted and affirmed that the fracture of the skull in the present case was sufficient to cause death because there was rupture of meningese which was putting pressure on the brain.
(3.) During investigation, statements of certain witnesses were recorded. During trial, Indabai (P.W. 7), the mother of the deceased, and Bhukberam (P.W.8) were examined as eye witnesses. Mausharam (P.W. 1), Dhan Singh (P.W. 4), Kalindribai (P.W.6), Bhukheram (P.W. 8) and Soot. Mansharam (P.W. 1), Dhan Kantibai (P.W. 10) appeared in the witness box to say that the deceased orally told them that it is the appellant who caused lathi blows to him. The trial Court believed all this evidence and relying upon it has convicted the two appellants as aforesaid. The other two co-accused prosecuted have been acquitted because in the oral dying declaration made to witnesses, the deceased has not named the other two persons: It may also be mentioned that the trial Court has rejected the lestimony of Indabai (P.W. 7) because of her being of a very weak sight and because of her not identifying the accused in Court.