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1993 Supreme(SC) 433

M.N.VENKATACHALIAH, S.R.PANDIAN
Madani – Appellant
Versus
State Of Rajasthan – Respondent


JUDGMENT

The appellant who is a widowed sister of Sohanlal and Vishwapal who were the co-accused before the trial Court took her trial along with her brothers under S. 302 read with S. 34, I.P.C. and also under S. 324, I.P.C. on the allegations that on 6-6-80 at about 5.00 p.m. they all caused the death of the deceased Murlidhar and also caused injury to another by name Rameshwar It is stated in the evidence that Sohanlal was armed with a lathi and the appellant was armed with gandasi (FO). The occurrence was due to a dispute over the enjoyment of a piece of land. There were 8 injuries on the deceased of which injuries Nos. 2, 3, 4 and 5 are said to have been caused by gandasi and all of these injuries are attributed to the present appellant. In respect of this incident the first information report was lodged at 6.00 a.m. on 7-6-1980. The police registered a case on the first information report Ex. P1, inspected the scene of occurrence, recorded the statements of the witnesses and filed the charge-sheet against the appellant and two of her brothers.

2. P.W. 17, Medical Officer conducted the post-mortem over the dead body of the deceased and opined that injuries Nos. 5, 7, 8 were suff






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