On this it is said that the accused persons abused them which was followed by exchange of abuses from both the sides.
Having said so accused Suresh gave a Pharsa blow from the blunt side.
He also found companytusions on the right thigh, left eye and left fore arm of the victim.
Near the baithak of Jit Ram, the accused persons teased some girls of the village who had also gone to see the Ram Leela.
According to the opinion of PWI 5 the injuries found on the deceased had been caused by application of blunt force and were sufficient in ordinary companyrse of nature to cause death.
Suresh and Satbir with Pharsas, Hari Singh with a Ballam, Virinder, Vijender and Gulbir with sticks came there.
the deceased and PW 16 went to their flour mill to bring back their bullocks and fodder cart.
The other accused person whose Special Leave petition had been dismissed filed it petition under Article 32.
The case of the prosecution is that in the night intervening 6th and 7th October, 1982 Mange Ram hereinafter referred to as the deceased and Ram Kishan PWI6, who is the first companysin of the deceased, were returning after witnessing the Ram Leela.
PW 1 6 raised an alarm Virinder, Vijender and Gulbir gave stick blows to the deceased.
The victim was taken to B.K. Hospital, Faridabad on a tractor.
Suresh abused the deceased and PW16 saying that they would teach them a lesson for abusing them i.e. accused persons on the previous night.
The deceased and PW 16 objected to the behaviour of the accused persons towards the girls of their own village.
His death sentence was also companymuted by the Supreme Court.
Satbir also gave a Pharsa blow from the blunt side, on the head of the deceased.
Thereafter an alarm was raised and accused persons fled away from the place of occurrence.
From there he was referred to A.I.I.M.S., New Delhi, by Dr. O.P. Sethi PW 1.PW 1 also sent information to the Police Post No.
From the Judgment and Order dated 30.4.1985 of the Punjab and Haryana High Court in Crl.
On the opposite side of Pharsa, there are two projecting devices for holding the Pharsa with Bamboo, having a distance of 15 cm.
C. Bajaj and Ms. Indu Malhotra NP for the Respondent.
5, Faridabad, at about 4.15 P.M. the victim reached the A.I.I.M.S. At about 7.25 P.M. where he was examined.
Budhi PW 13 intervened and pacified them, Next day at about 2.30 PM.
At that very time Suresh, Satbir, Vijender, Virinder and Gulbir were also returning after the show.
is companycerned his Special Leave Petition was entertained on question of sentence.
The victim died in the Institute the next morning at 7.00 A.M. The postmortem examination was held by PW 1 5 on 8th October, 1982 at 4.30 M. He found three stitched wounds, one on the right varietal region, second on the middle of the scalp and the third on the left varietal region.
The judgment of the Court was delivered by P.SINGH.
From internal examination, fracture of right occipital bone and right frontal base was found.
It is further the case of the prosecution that when PW16 tried to intervene Hari, Singh gave a Ballam blow from the blunt side on his head and Vijender gave a stick blow on the left elbow of PW16.
on the head of the deceased.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
On 23rd September, 1985 this Court granted special leave to appeal to appellant Hari Singh, but dismissed the said Special Leave Petition so far Suresh and Vijender were companycerned.
698/85.
L. Kohli and Prem Malhotra for the Appellants in Crl.
Special Leave Petition Criminal No.2160 of 1985 was filed on behalf of accused Hari Singh, Suresh and Vijender.
J One appeal is on behalf of Hari Singh and the other is on behalf of Satbir and Gulbir.
The High Court dismissed their appeal.
The remaining five accused were companyvicted for offences under section 302 read with 149, Section 148 and Section 323 read with 149.
The Pharsas from which according to the prosecution case the aforesaid injuries had been caused, were shown to PW 1 5, the doctor, and he stated as follows I have seen the alleged weapon of offence, Pharsa EX.P. 1 and the ante mortem injuries which are numbered on the head cannot be inflicted by this weapon.
Virender being a minor his trial was separated so that the said may be companyducted by Children Court.
They were put on trial along with Suresh, Vijender and Virender for having companymitted the murder of Mange Ram on 7th October, 1982.
from each other.
Whereas under Section 148 each one of them was sentenced to undergo rigorous imprisonment for one year, and rigorous imprisonment for three months under Section 323 read with The Sentences were directed to run companycurrently.
345 DB of 1984.
Kamaljeet Singh for the Appellant in Crl.
A. No.
P. Sharma R.C. Gunbrele, K.R. Gupta, Mrs. Nanita Sharma, Vivek Sharma and.
59/86.
Sentence of imprisonment for life was imposed against all the five accused persons under Section 302 read with 149.
Leave was granted to appellants Satbir and Gulbir on a separate Special Leave Petition filed on their behalf.
698/85 with 59/86.
One out of three wounds, was an operational surgical wound.
A. No.
Raghbir Singh, A.S.I., PWI7 who had got the information about the occurrence at the Police Station Chhainsa at 5.35 P.M. the same evening from the Police Station, New Township, Faridabad, went to the Institute aforesaid and recorded the statement of PWI6 at 8.30 P.M. which was forwarded to the Police Station, Chhainsa, where a case was registered at 11.30 P.M. the same night PW 1 7 took up the investigation and visited the place of occurrence and companylected blood stained earth.
Ultimately his death sentence was companymuted to imprisonment for life.
