Law:

Section:

(a) Penal bode (XLV of 1860)-.. ----S. 302/34---Appreciation of evidence---Prosecution case primarily rested upon ocular account with evidence on motive and received corroboration from medical evidence---Recovery of weapons of offence from the accused persons were inconsequential being not blood-stained. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Appreciation of evidence---Both the prosecution witnesses, though related to the deceased were natural witnesses and their ocular account was confidence inspiring---Said witnesses having received injuries their presence at the place of occurrence could not be doubted---None of the two eye-witnesses had any motive to falsely implicate the accused persons and no suggestion was put to either of them as regards having any animus, grudge or ill-will against the accused person---Trial Court, in circumstances, was perfectly justified in upholding the ocular version about the' incident which followed the motive. (c) Penal Code (XLV of 1860)--- ----S. 302/34---Appreciation of evidence---Occurrence took place in a village away from a proper hospital---Deceased received head injury by reverse side of hatchet and Sota---Plea that death of deceased resulted owing to contributory negligence shown by the complainant party in providing medical aid to the deceased---Hatchet/stick blow even without causing fracture of skull necessarily results in heamatoma which is formed within a few minutes or an hour and such heamatoma/clot results due to rupture of blood vessels below the skull and if clot is not treated properly it leads to suppression of brain matter and ultimately causes death---Accused, therefore,, could not evade the consequences arising from the clot which developed as a direct result of head injury especially caused by reverse side of hatchet blow in circumstances. - In the present case after the deceased had received two head injuries by Sota and reverse side of tie hatchet, he had developed clot inside skull and also clotted blood inside the cranium around brain matter and inside brain. It is a matter of general knowledge that hatchet/stick blow, even without causing fracture of skull necessarily results in heamatoma…

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