( 1 ) AN incident took place on 28/9/1983 at about 10 A. M. on the Merh of a field when Sarvelal received head injury as a result of a stone thrown at him. He was then cutting some Beshram bush. The field belong to the appellant and it is the case of the prosecution that when the appellant objected to Sarvelals cutting that bush and Sarvelal did not remove himself from that place, the appellant threw a stone at him causing aforesaid injury. Sarvelal returned to his village and narrated this incident to his father Katalchand (P. W. 1) and also to other villagers including Sunderlal (P. W. 2), Gaya Prasad (P. W. 4), Kanhaiyalal (P. W. 6) and Katalchand (P. W. 11 ). All these witnesses saw the injury on Sarvelals head. It is also the case of the prosecution that the appellant confessed the fact of his causing injury by pelting a stone to Sunderlal (P. W. 2) and Gaya Prasad (P. W. 4 ). Sarvelal was then taken to Chourai for treatment. Since the injury appeared to be rather serious. Dr. A. K. Jam (P. W. 10) referred Sarvelal to the Civil Hospital, Chhindwara where he was examined by Dr. D. C. Jam (P. W. 5) Sarvelal was admitted in the Hospital and the treatment given to hill) right from

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