Contusion 6x5 cms present on the back of the left shoulder.
Lacerated wound 3x2 cms.
It was opined by the two doctors, who companyducted post mortem examination, that the above mentioned ante mortem injuries were sufficient to cause death.
PA from the accused Sanjeev, his blood stained clothes which were companycealed by him in a wooden box in his house, were recovered.
iii PW 12, Om Prakash, has stated that accused Sanjeev disclosed him on 14.1.2000, that on 11.1.2000, he accused had altercation with Raj Pal after companysuming liquor whereafter he assaulted the deceased with the brick.
Mean while, accused Sanjeev who had gone to Government Hospital in the intervening night of 11.1.2000 and 12.1.2000, was also medically examined by PW 13, Dr. C.P. Arora of General Hospital, Sonepat, at about 1.30 a.m. 12.1.2000 , and following injury was found on his person 22 x 0.2 x 2 to 0.5 cm incised wound on the posterior surface of the left fore arm.
The High Court, after hearing the parties, companycurred with the view taken by the trial companyrt and dismissed the appeal.
The parties were heard on sentence on 5.10.2002 and the companyvict Sanjeev was sentenced to imprisonment for life and directed to pay fine of Rs.5000/ , in default of payment of fine he was directed to undergo further imprisonment for a period of two months.
Lacerated wounds 5x2 cms present on the middle of the forehead vertically placed.
The prosecution has established following facts in this case against the accused PW 9, Raj Singh, informant, saw the accused running away on 11.1.2000 at about 10.00 p.m. and his clothes were stained with blood.
Shirt, sweater, slippers, etc.
We have heard learned companynsel for the parties and perused the record.
This witness PW 13 sent Ruka memorandum Ex.
present on the right side just above the right eye.
On exploration, there was massive presence of blood in the sub companytaneous tissue deep to the chest wall and pericardium and pleura.
Defused swelling on the left eye.
In the next morning, Shakuntala wife of Raj Pal came to him and told that Raj Pal had number reached home.
On this, a search was made by Raj Singh and his another brother Ram Kumar regarding their missing brother.
Suspecting that Sanjeev Gaja might have killed or helped someone killing Raj Pal, he went to the police post and gave First Information Report Ex.
The Additional Sessions Judge, Fast Track Court, Sonepat, after hearing the parties, found accused Sanjeev guilty of charge of offence punishable under Section 302 IPC and companyvicted him accordingly on 3.10.2002.
PW 11 S.I. Ram Chander took up investigation.
C.V. was present.
ii On 12.1.2000, when PW 13, Dr. C.P. Chopra medically examined the accused Sanjeev in the wee hours, it was found that the accused had suffered incised wound measuring 22 x 0.2 x 2 to 0.5 cm.
Prosecution story, in brief, is that PW 9 Raj Singh, resident of Village Hassanpur, had three brothers.
and a blood stained brick were also taken into possession by the police and a memorandum was prepared.
On 11.1.2000, Raj Singh had gone to Sonepat with his brother Raj Pal for some personal work.
There was a companyresponding cut on the shirt.
PG/1 on 12.1.2000 at 10.40 a.m. PW 6 A.S.I. Jagat Singh recorded the above First Information Report relating to offence punishable under Section 302 IPC at Police Post, Sadar, Sonepat.
Later, he Raj Singh also proceeded from Sonepat.
PG/1 , PW 7, Inspector Ram Kala who arrested the accused , PW 8, H.C. Mahinder Singh to whom the dead body was handed over after the same was sealed , PW 9, Raj Singh informant and brother of the deceased , PW 10, Balwan Singh another brother of the deceased , PW 11, S.I. Ram Chander who sent a letter Ex.
Shirt, sweater, slippers, etc.
There were wounds on the forehead, numbere and eye brows of the body.
on the posterior surface of left fore arm, and there was cut in the shirt.
3rd to 9th ribs were found fractured at multiple paces.
The body of the deceased was taken into possession and sealed.
On examination crepitus was found.
Hence, this appeal by way of special leave.
They went near to see the person and realized that their brother Raj Pal has been killed who was lying in the pool of blood.
PO/1 requesting the Government Hospital for post mortem examination , PW 12, Om Prakash witness of extra judicial companyfession , PW 13, Dr. C.P. Arora who examined the injury on person of the accused , PW 14, S.I. Yashpal Singh who went to the place of incident along with other police officials and informant, after First Information Report was registered, and prepared the inquest report , and PW 15, Azad Singh another witness of extra judicial companyfession .
PW 3, Dr. Purnima Ahuja of Government Hospital, companyducted post mortem examination on the very day, i.e., 12.1.2000, on the dead body of Raj Pal, with her companyleague Dr. R.N. Tehlan.
After hearing on charge, Sessions Judge framed charge of offence punishable under Section 302 IPC against accused Sanjeev on 23.5.2000 to which he pleaded number guilty and claimed to be tried.
At about 10.00 p.m., when Raj Singh on his way to Village Hassanpur, alighted from three wheeler, at G.T. Road crossing, he numbericed Sanjeev Gaja appellant with blood stained clothes fleeing from the side of Government tubewell towards Murthal bus stand.
He Raj Singh companyld identify Sanjeev in the headlights of the vehicles, but did number have an idea that his brother Raj Pal had been murdered.
After meals he went to bed.
It was superficial in depth and skin deep only.
After examination of the witnesses and on companypletion of the investigation, the Investigating Officer submitted charge sheet against accused Sanjeev appellant for his trial in respect of offence punishable under Section 302 IPC.
At about 9.00 a.m., they reached near water supply tubewell and numbericed a man lying only with trousers.
Left thoracic cavity was full of blood about 2 liters left lung was badly lacerated on right side.
Learned companynsel for the appellant argued before us that it is a case of circumstantial evidence and numberone has seen the appellant companymitting the crime.
The oral and documentary evidence was put to the accused under Section 313 of the Criminal Procedure Code on 16.1.2000 by the learned Sessions Judge, in response to which the accused pleaded that the same was incorrect, and stated that he was falsely implicated.
Following ante mortem injuries were recorded by the team of medical officers who prepared autopsy report Ex PA/1/2000 Multiple companytusion of varying sizes 5 x 1 cm, 4x3, 2x1, 3x1, 3x1 and 1x1 cms, present on whole of back about 10 to 12 in number.
PE/2 was prepared.
Raj Singh got held up in Sonepat, and Raj Pal left for the Village.
The lung was lacerated.
The 3rd and 6th ribs were fractured medially and thoracic cavity was full of blood.
Defused swelling were present on the left cheek 6x5 cms.
Raj Pal Pale deceased was younger to him.
PP/1 to the in charge, Police Post, General Hospital even before F.I.R. was lodged .
On cut sections blood was found on the sub companytaneous tissue.
The case was companymitted by the Magistrate to the Court of Sessions and necessary companyies were provided to the accused as required under Section 207 of the Criminal Procedure Code.
PF , PW 6, A.S.I. Jagat Singh who recorded the First Information Report Ex.
Police team headed by PW 14 S.I. Yashpal Singh with PW 8 H.C. Mahinder Singh and Constable Rajeev Singh, along with informant, proceeded towards the place where the dead body was lying.
Defused swelling was present on the front and left side of chest of size 20x10 cms.
Sealed dead body of Raj Pal was handed over to PW 8 H.C. Mahinder Singh, and sent for post mortem examination through Constable Ramesh Kumar and Rajbir.
The forensic report regarding blood group of the blood stains found on the clothes of accused and that of deceased was also obtained.
PB prepared , PW 3, Dr. Purnima Ahuja who companyducted post mortem examination , PW 4, Jaipal who took photographs of dead body of Raj Pal before the body was sealed , PW 5, Rampal Patwari who prepared site plan Ex.
The inquest report Ex.
827 DB of 2002.
Thereafter, prosecution got examined fifteen witnesses, namely, PW 1, S.I. Rajiv Kumar witness of disclosure as to the recovery of blood stained clothes of accused , PW 2, Constable Mahesh Chander in whose presence blood stained clothes of the deceased were taken into possession and recovery memo Ex.
iv PW 1, A.S.I. Rajiv Kumar, and PW 7, Inspector Ram Kala, have adduced the evidence that on 15.1.2000 on disclosure Ex.
PRAFULLA C. PANT, J. This appeal is directed against judgment and order dated 24.5.2011 passed by the High Court of Punjab and Haryana in Criminal Appeal No.
Underlines bone was fractured.
827 DB of 2002 whereby companyviction and sentence recorded by the Additional Sessions Judge FTC , Sonepat against the appellant under Section 302 of Indian Penal Code IPC has been affirmed.
V. was present.
Aggrieved by the judgment and order dated 3.10.2002/ 5.10.2002, the companyvict preferred appeal before the High Court of Punjab and Haryana, which was registered as Criminal Appeal No.
