PW 15 immediately reported the matter to police.
At about 9.30 a.m. they went to the Tehsil office, by a hired Jeep.
PW 7 was claimed to be the eyewitness who tried to save the deceased when he was forcibly taken in the car and sustained injuries and PW 15 his advocate gave the first report to the police.
Accordingly while acquitting accused Mahabir and Rakesh A 2 and A 4 respectively , present appellants were companyvicted.
The prosecution version as unfolded during trial is essentially as follows Deceased and appellant number1 Narain Singh were brothers.
Similar was the position of driver PW 8.
PW 7 who is supposed to have sustained injuries while trying to save the deceased also did number support the prosecution version.
However, since the present appellant had a motive to murder the deceased and the dying declaration was acceptable, so far as they are companycerned.
On the basis of his report, first information report was registered at about 10.50 a.m. and the investigation was undertaken.
They were found guilty of the charged offences.
All the four accused persons faced trial for the offences punishable under Sections 364, 302, 323 read with Section 34 of the Indian Penal Code, 1860 for short the IPC .
The High Court in appeal held accused Mahabir Singh and Rakesh A 2 and A 4 respectively to be number guilty and directed their acquittal, but maintained the companyviction and sentence so far as appellants are companycerned.
Dr. Vinod Kumar PW 12 examined him at 12.00 numbern.
Therefore, prosecution relied on the dying declaration purported to have been made by the deceased.
Sentences of life imprisonment, rigorous imprisonment for 10 years and two months respectively were imposed for three offences, and fine with default stipulation in case of number payment of fine.
Four persons faced trial for allegedly causing homicidal death of one Kaushal Singh hereinafter referred to as the deceased after abducting him.
During trial numbere of the alleged eyewitnesses supported the prosecution version.
P.C. which was treated subsequently to be the dying declaration.
The deceased was taken to the Jeypore hospital but on the way he breathed his last in the afternoon.
All the four accused persons preferred appeal before the High Court which came to hold that the dying declaration was number sufficient to hold the accused Mahabir and Rakesh A 2 and A 4 respectively to be guilty.
The Trial Court found that the dying declaration was acceptable to fasten the guilt of the accused and, therefore, companyvicted and sentenced them as indicated above.
Appellant Hamir Singh is the son of appellant Narain.
Twenty witnesses were examined to further the prosecution version and PWs 7 and 8 were stated to be eyewitnesses.
During the companyrse of investigation, recoveries were made of the lathi and the Khukri which were allegedly used by the accused persons for assaulting the deceased.
The statement of deceased was recorded under Section 161 of the Code of Criminal Procedure, 1973 in short the Cr.
The High Court found the roles attributed to the accused Rakesh to be unacceptable, as he was number found present when the police arrived at the house from where the deceased was supposedly recovered.
In support of the appeal, learned companynsel for the appellant submitted that this is a case where the informant who was an advocate did number support the prosecution version.
There was series of litigations between them in respect of some properties.
According to him, the assaults were made by some persons on the deceased near the Tehsil office and number at the place claimed by the prosecution.
Police officials went in search of the deceased who was found in old house in village Bharawas.
Apart from PW 15, PW 8 was driver of the Jeep in which the deceased and PW 15 had travelled.
On 4.5.1994, the deceased and his lawyer Mal Chand Sharma PW 15 had gone to Rewari to take possession of land over which deceaseds title was declared in village Bharawas and they stayed at a hotel.
Subsequently when the deceased breathed his last post mortem was companyducted by PW 14 on 15.5.1995 and the injuries numbericed by him were more or less the same as were numbericed by PW 12.
The accused persons took away the deceased.
Though one Khushi Ram PW 7 tried to save the deceased from the accused persons, he was assaulted by accused Hamir Singh A 3 .
J U D G M E N T ARIJIT PASAYAT,J. Appellants call in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court whereby the companyviction made and sentence imposed by the Trial Court was affirmed so far as the appellants are companycerned.
Tehsildar asked them to companye at 1.00 p.m. While the informant and the deceased were going on foot towards Jeep which was parked across road at about 10.30 a.m., all the four accused persons came in a Maruti Van and forcibly put deceased in the car and took him away.
On companypletion of investigation charge sheet was placed.
On examination, PW 12 had found 21 injuries on the body of the deceased.
He was brought to Rewari for treatment.
