Lakshmi Singh And Ors. vs State Of Bihar on 10 September, 1976
10. Learned counsel for the appellants placed reliance upon the ruling in
Lakshmi Singh and others vs. State of Bihar reported in AIR 1976 SC 2263 in
order to contend that for non-explanation of injuries sustained by accused, adverse
inference is required to be drawn. I have perused the ruling cited. The cited
ruling cannot be attracted to the facts and and circumstances of the case in hand
inasmuch as, in the present case, injuries are explained as caused pursuant to
commission of crime of throwing the victim in the well pursuant to assault. It has
come in the evidence that the accused after assaulting the victim threw him inside
the well. The Spot Panchnama of the well indicates that the same was constructed
with stones in the field and a diesel engine is fitted on the said well. The diameter
of the said round well is 20 feet. The total depth of the well is 30 feet and the water
level in the well is near-about 16 feet and the open portion from the water up to the
top is 14 feet. The eastern side portion of one row (of stones) is partly collapsed.