Laxman Vs. State of Maharashtra
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Head Note
Indian Penal Code,1860 - Section 302 , Section 147 , Section 143 , Section 149 , Section 337 , Section 504
Considering the fact that the injuries sustained by some of the accused were minor in nature, even in the absence of proper explanation by the prosecution, the prosecution story cannot be disbelieved - Held - The above analysis clearly shows that among the number of accused, at least two accused persons, namely, A-1 and A-2were armed with sticks and A-7 was armed with axe. Dr. Kishore (PW-1), the Doctor who conducted the post mortem has stated in his evidence that "in my opinion, cause of death was shock due to head injury with multiple injuries over the body." He further deposed that "the injury Nos. 4-6 and 8-10 were caused by hard and blunt object. Those were possible by a weapon like stick. Injury No. 7 was possible by means of sharp weapon like an axe. Internal injury mentioned in Column No. 19 of post mortem report corresponds to Injury No. 19 mentioned in Column No.17." Finally, he opined that "probable cause of death was primarily head injury associated with other multiple injuries." The prosecution witnesses established that head injury was at the instance of A-7 and other injuries all over the body were at the instance of A-1 and A-2 by means of axe and sticks respectively. Taking note of the same and the evidence of the doctor (PW-1) who conducted the post mortem, namely, the cause of death, we are satisfied that the prosecution has proved its case beyond reasonable doubt in respect of A-1 and A-2(appellants herein) and A-7 who assaulted the victim and inflicted multiple injuries and shared common intention.
Topic(s)-
Important Decision(s)- In the absence of proper explanation by the prosecution, the prosecution story cannot be disbelieved.