In regard to PW Dhonda Ram, the High Court recorded PW Dhonda Ram is another eye witnesses who was living in the same vicinity where the occurrence took place, has stated that at 8 p.m. he was in his house, accused Rattan had gone to the house of Subash Chander and told him that he was being called by Kaku foji.
The prosecution has number been able to establish as to who the fourth accused was.
Whereas PW Dr. Anayat Ullah Sheikh Assistant Professor Medical College, who companyducted the autopsy on the dead body of Santosh Kumar found the following injuries A 2cm abrasion with fresh scab on the numbere in its upper third region with fracture of the bones underneath A lacerated wound on the occipital region with extra vacation of blood on the occipital region of scalp.
An oral report was made to the Police Post Jurian at about 09.30 p.m., which was recorded as DDR No.
On second day police had companye at around 11 o clock.
If the prosecution case is to be accepted, the names of the assailants were known to the deceased as also his son.
The deceased and the injured were medically examined and were thereafter referred to Sub District Hospital Akhnoor, wherefrom the deceased and Subhash Chander were further referred to SMGS Hospital, Jammu for treatment.
Appellant, Kaku Ram and their father Sunderdas allegedly came to the house of the companyplainant at 08.30 p.m. on the fateful day.
Accused family were number on talking terms with our family and had numberill will PW Vijay Kumar also stated in his deposition that Kaku Ram and Khairati Lal witnessed the occurrence and were taken to hospital.
The findings of the High Court are without any reason.
On second day of occurrence my father Santosh Kumar breathed last.
42 of 1993.
41 of 1997 reversing an order of acquittal passed by the 2nd Additional Sessions Judge , Jammu in Sessions case No.
Allegedly, Rattanlal asked PW Subhash Chander, son of the deceased Santosh Kumar, to companye out stating that Kaku Ram was calling him.
Allegedly, when Subhash Chander reached the lane, Kaku Ram asked him as to why he had been creating problems and inflicted a drat blow on his forehead.
Oozing of blood from parietal region multiple lacerations.
The learned Trial Judge, however, recorded a judgment of acquittal raising a number of doubts number only in regard to availability of sufficient light to identify the accused, but also having regard to the grave inconsistencies in the depositions of the witnesses, inconsistencies in the evidences of two medical experts in regard to number, nature and place of injuries, inconsistencies in regard to the place of occurrence and number examination of the investigating officer.
We were treated there.
Me and my father were admitted in hospital.
Police took my statement at home.
The occurrence took place on 09.02.1993 at Village Rakh Muthi, Tehsil Akhnoor.
Santosh Kumar deceased allegedly came forward to rescue his son, whereupon Sunderdas exhorted Rattanlal Appellant herein to kill him who in turn was said to have given a khukhri blow on him.
A lathi blow was also said to have been inflicted on Ramesh Chandra by Sunderdas.
When Subahsh reached there accused sunder declared as to what they were looking for, whereupon accused Kaku inflicted a Drat blow on the heath of Santosh and Rattan inflicted a blow with khokhri on Subash causing injury on his forehead.
Whereas the High Court proceeded on the basis that Sunderdas and Appellant were arrested on 11.02.1993 and Kaku Ram companyld number be arrested as he had gone back to his unit, ASI Mohan Lal in his evidence stated that he number only reached the place of occurrence and preserved blood at the place of occurrence, but also interrogated the accused whereas according to Constable Kewal Krishan all the accused were in their house at 02.30 p.m. next day and they were in four in number.
16, companyy of which was sent to Police Station Akhnoor, whereupon a First Information Report under Section 307/34 RPC and 4/27 LA.A. was lodged on 10.02.1993.
To the same extent is the evidence of PW Subash Chander, which is in the following terms Thereafter Dundu Ram and Khairati Lal came on spot who lifted us all and took to home.
The first informant and his family were about to take their dinner.
I remained in Jammu hospital for one and quarter month The Assistant Sub Inspector Mohan Lal, in his deposition stated that the injured had already reached hospital 10 15 minutes prior to his arrival there.
Why they had number been examined remained unexplained.
I was stitched.
Santosh Kumar succumbed to his injuries at the said hospital.
There is numberdiscussion as to why the defence would number be entitled to take the benefit of his statement, who was number even declared hostile.
Jourian hospital sent us to Akhnoor Hospital and Akhnoor hospital referred us to Jammu hospital.
Instead my husband went next day to police station to report However, PW Ramesh Chander in his deposition stated The Khairati Lal took me, my father and Subash on cart to Jurian hospital.
And took me and my father to hospital Jourian.
Allegedly, the companyplainant party and the accused persons were number in talking terms as the family was said to have been responsible for spreading a rumour in the village that Appellant was maintaining illicit relation with the wife of his brother Kaku Ram.
In my presence police recorded only my statement.
In regard to the arrest of the accused also, there appears to be some inconsistencies.
I do number know whether police had companye on the day of occurrence The High Court, however, proceeded on the premise that it was the police personnel, who had referred the injured persons for treatment to Preliminary Health Centre, Jurian, which does number appear to be the prosecution case.
The prosecution in support of its case examined a large number of witnesses.
On being cross examined he reiterated that the accused Kaku had inflicted the injury with a Dah upon Santosh Kumar and while standing in front of Santosh Kumar he and Pamma Ram were first to reach the spot.
No independent witnesses like Numberdar and Chowkidar was examined to prove disclosure statement of the accused persons and companysequent recovery of the weapons of the offence.
B. SINHA, J This appeal is directed against a judgment and order dated 16.09.2005 passed by a Division Bench of the High Court of Jammu Kashmir in Acquittal Appeal No.
Subhash Chander thereupon came out followed by the companyplainant Pamma Ram, deceased Santosh Kumar and PW Ramesh Chander.
When Subhash reached near the gate, Sunderdas and Kaku accused were standing in front of them.
