On opening of the cranial cavity, there was sub dural haemotoma on the right side on removal of brain matters, small amount of blood companylection was found in middle cranial fossa with fracture of the base of the skull petrous part of the temporal bone .
2, Anil A 2, is that he attempted to murder, Wazir Singh PW 6 on January 21, 1992 at about 7.30 P.M. The dispute between the accused group on one hand and the deceased and his sons on the other which resulted in this unfortunate event relates to four killas of land.
There was bleeding from right ear.
Injury No.
The heart was empty in all chambers.
All other organs were found healthy and pale.
There was distortion and fracture of the left little finger at the proximal phalanx.
There was fracture of the right side of the mandible and it was in almost two pieces.
The land was owned by the accused and was so declared by the decree of the Civil companyrt in Suit No.
There was a superficial lacerated wound of size 8 x 6 on left elbow posteriorly.
There was a big lacerated wound of size 3.1/2 x 0.8 vertically placed bone deep on the right parietal area of scalp 1 lateral to the mid skull of parietal region was found of the size.
The High Court recorded that the occurrence took place in the land in possession of the appellants.
Then A 1 who was armed with ballam dealt a blow with it on the head of the deceased.
A 1, then, started hurling abuses at the deceased and during the altercation, Smt.
While he was lying down, A 2 dealt a blow with goudas and the others caused several injuries on his body.
PA, was proved by him.
The deceased and his brother, Hawa Singh, challenged the validity of the said decree in Civil Suit No.
692 of 1984 which was dismissed by the learned Sub Judge, 1st Class, Bhiwani vide judgment, Exhibit DX/4 Decree Sheet, Exhibit DX/5.
Chander PW 5 went to the land to irrigate the same and told A 1 that he would have the turn of water and irrigate the land and that after settlement of the dispute, A 1 companyld do it.
It was number a case of free fight and it cannot be said that they did number intend to cause the injuries inflicted by them.
There was a purported wound with laceration of the size 1 x .6 and perforating to the buckle mucous month .
They were taken by Hawa Singh PW 11 to hospital where they were examined by doctors and Prithvi deceased was declared dead.
Blood clots were present on dissection.
A 2 was responsible for injuries on PW 6.
They intended to cause injuries and did inflict the said injuries which caused the death of Prithvi, the deceased.
Parwari, mother of A 1, exhorted him to give a blow on the vertex to bring them to senses and under companytrol.
Teeth were intact.
1.1/2 x 1 which was extending linearly to downwards upto front to parietal suture on the right side, subcutaneous haemotoma was present on dissection.
Thereafter, the deceased fell down.
The stomach companytained good amount of partially digested food material.
Both the injuries are on vital parts of the body.
There was an incised wound of 2 x 1 and 0.8 deep on the right inter space of thumb and index finger with cutting of the under lying tissues.
A 1 and A 3 on the land were armed with deadly weapons.
There was one more minor stabbed wound of 0.4 x 0.2 and 0.5 deep 1/2 below to the previous cheek injury.
There is record Exh.
A 3 dealt a blow with churra knife on the face of the deceased.
Subcutaneous haemotoma was present.
The post mortem certificate, Exh.
The facts giving rise to this appeal, in brief, are as follows.
This was objected to by A 1 who stated that he would settle the matter right then.
In the process, PW 5, PW 8 and PW 6 were also injured.
676 of 1984 dated July 17, 1984.
1 and 3, Jai Bhagwan A l and Sushil A 3, is that they caused the death, by murderous assault, of their uncle Prithvi hereinafter referred to as the deceased and against appellant No.
Krishna PW 8 and his daughter Smt.
There was also mild appreciable defused swelling of indistinct companyour and margins on the right side face, cheek area extending up posterior ear area.
P6 and Gandasi, Exh.
He opined that death was caused due to hemorrhage and shock as a result of injuries on the head and face and that injuries 6 and 7 companyld be caused by ballam, Exh.
On the exhortation given by their mother, both of them, one after the other, murderously assaulted the deceased with the weapons with which they were already armed.
It was horizontally placed on the lower side of the right cheek 1/2 below and lateral to the angle of mouth.
6 is attributable to A 3.
7 is attributable to A 1 and injury No.
The gravamen of the charge against appellants Nos.
On dissection, subcutaneous haemotoma was present and right ear was bleeding.
The deceased along with his son Wazir Singh PW 6 , his daughter in law, Smt.
Quadri, J. Leave is granted limited to the question of nature of offence companymitted by the appellants and quantum of sentence therefore.
