Document Fragment View

Matching Fragments

P.W.3 deposed that A-1 and A-2 dragged D-1 in front of the house of P.W.2 and assaulted him by hitting on his back and buttocks. A-9 struck D-1 with an axe on the back portion of his neck. When D-1 fell down, A-14, A-15 threw stones on the body of D-1. In the meanwhile, the father(D-2) of D-1 came there and A-3 and A-4 attacked him injuring his face and left parietal region. D-2 fell down. A-5 and A-6 started beating him with sticks on his back and buttocks. A-14 and A-15 threw stones on the body of D-2. A-7 and A-8 assaulted P.W.11 with sticks hitting on his head, also A-18 assaulted P.W.13 with stones hitting on his head. A-18 also assaulted P.W.11. Then the group of A-1 left that place. P.W.4 corroborated the evidence of P.Ws. 1 and 3 stating that A-1 and A-2 dragged D-1 to the front yard of the house of P.W.2 and assaulted him hitting on his trunk and buttocks with sticks and A-9 assaulted D-1 with an axe blew on his neck. A-14 to A-17 threw stones at D-1.

B-HEAD & NECK

1. Scalp : Lacerated wound on the scalp

2. Skull : Skull was present at many places.

3. Brain meninges and Brain and meninges were Cerebral vessles : completely damaged.

4. Mouth, Teeth, Tongue: All structures were present and and Pharynx. intact.

5. Neck, larynx thyroid : All structures were present and and other neck : intact.” All the eye-witnesses, P.W.1, P.W.3, P.W.4, P.W.5, P.W.11, P.W.12 and P.W. 13 made similar statements and deposed that A-1 and A-2 dragged D-1 in front of the house of P.W.2. Then A-1 and A-2 assaulted D-1 hitting him on his back and buttocks. A-9 gave an axe blow on the back portion of the neck of D-1 and he fell down. Allegation against A-3 is that he and A-4 assaulted the father (D-2) of P.W.11 on his face. There is no allegation against any of the accused, A-1, A-2, A-3, A-4 or A-9 with respect to giving blow on the scalp of the right rib of D.1. P.W.1 and P.W.2 stated that they have given sticks blow on the back and buttocks of D-1. The prosecution has miserably failed to explain as to how the scalp/skull of D-1 was fractured. Not only there is a fractured scalp with lacerated wound on the occipital bone and multiple fracture of the skull, but the brain and meninges were also damaged. All structures of mouth, teeth, tongue and pharynx were intact but right eye was completely damaged and on the right 6 th rib fracture was detected while the other ribs were intact. If the accused had given blow by stick on the back or buttocks of D-1 or one of the accused has given axe blow on the back portion of the neck, it cannot cause multiple fracture of skull with lacerated wound nor meninges will come out. The damage of right eye has also not been explained.

P.W.3 deposed that A-1 and A-2 dragged D-1 in front of the house of P.W.2 and assaulted him by hitting on his back and buttocks. A-9 struck D-1 with an axe on the back portion of his neck. When D-1 fell down, A-14, A-15 threw stones on the body of D-1. In the meanwhile, the father(D-2) of D-1 came there and A-3 and A-4 attacked him injuring his face and left parietal region. D-2 fell down. A-5 and A-6 started beating him with sticks on his back and buttocks. A-14 and A-15 threw stones on the body of D-2. A-7 and A-8 assaulted P.W.11 with sticks hitting on his head, also A-18 assaulted P.W.13 with stones hitting on his head. A-18 also assaulted P.W.11. Then the group of A-1 left that place. P.W.4 corroborated the evidence of P.Ws. 1 and 3 stating that A-1 and A-2 dragged D-1 to the front yard of the house of P.W.2 and assaulted him hitting on his trunk and buttocks with sticks and A-9 assaulted D-1 with an axe blew on his neck. A-14 to A-17 threw stones at D-1.

B-HEAD & NECK

1. Scalp : Lacerated wound on the scalp

2. Skull : Skull was present at many places.

3. Brain meninges and Brain and meninges were Cerebral vessles : completely damaged.

4. Mouth, Teeth, Tongue: All structures were present and and Pharynx. intact.

5. Neck, larynx thyroid : All structures were present and and other neck : intact.” All the eye-witnesses, P.W.1, P.W.3, P.W.4, P.W.5, P.W.11, P.W.12 and P.W. 13 made similar statements and deposed that A-1 and A-2 dragged D-1 in front of the house of P.W.2. Then A-1 and A-2 assaulted D-1 hitting him on his back and buttocks. A-9 gave an axe blow on the back portion of the neck of D-1 and he fell down. Allegation against A-3 is that he and A-4 assaulted the father (D-2) of P.W.11 on his face. There is no allegation against any of the accused, A-1, A-2, A-3, A-8 or A-9 with respect to giving blow on the scalp of the right rib of D.1. P.W.1 and P.W.2 stated that they have given sticks blow on the back and buttocks of D-1. The prosecution has miserably failed to explain as to how the scalp/skull of D-1 was fractured. Not only there is a fractured scalp with lacerated wound on the occipital bone and multiple fracture of the skull, but the brain and meninges were also damaged. All structures of mouth, teeth, tongue and pharynx were intact but right eye was completely damaged and on the right 6 th rib fracture was detected while the other ribs were intact. If the accused had given blow by stick on the back or buttocks of D-1 or one of the accused has given axe blow on the back portion of the neck, it cannot cause multiple fracture of skull with lacerated wound nor meninges will come out. The damage of right eye has also not been explained.