Ramvilas Vs. State of M.P.
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Head Note
Indian Penal Code,1860 - Section 302 , Section 148 , Section 149 , Section 324 , Section 323
Murder - Conviction Upheld - Unlawful Assembly - Common object - Murder - Injured witnesses - Eye witnesses - Medical evidence - Appreciation of - Findings by High Court all the eye witnesses have spoken in one voice so far as carrying of 'katta' by appellant and therefore his presence at the scene of occurrence cannot be doubted merely because no 'katta' was recovered from him - It has come out in the evidence that the appellant had exhorted the other accused in attacking the deceased and also actually participated in the attack -Appellants nowhere pleaded in his examination under Section 313 Cr.P.C. that he was neither present at the scene of occurrence nor involved in the incident - Conviction of the appellant is based on the evidence of injured witnesses which is amply corroborated by the evidence of eye witnesses and medical evidence - Conviction of the appellant is based on proper appreciation of evidence and courts below have recorded concurrent findings and the same is not liable to be interfered with in exercise of power under Article 136 of the Constitution of India.
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