In the ordinary companyrse of events, the head injury caused by Hari Singh with iron pipe was sufficient to bring about his death.
Thereafter, the injuries were caused with those deadly weapons on the deceased.
The facts leading to the criminal appeal are, shortly, as follows On April 24, 1976 at about 10 p.m. , Hari Singh, Joginder Singh, Dara Singh and Daljit Singh alias Bir Singh went to the house of the deceased and Indeerjit Singh, P.W. 4.
This Court by order dated 6 3 1988 directed issue of numberice in the case of Joginder Singh with regard to the nature of offence and sentence.
On receipt of this blow, Gurbachan fell down on the street.
Joginder Singh also gave a Lathi blow on his head.
Hari Singh was armed with iron pipe, his son, Joginder, with Lathi while the other two, namely, Dara Singh and Daljit Singh alias Bir Singh were armed with Kirpan and Saria.
Joginder gave a Lathi blow, Daljit gave a blow with iron rod on the left arm of the deceased.
Accordingly, the appeal was allowed.
P.W. 1, the Medical Officer, examined Gurbachan Singh at about 11.15 p.m. He found four serious injuries on the person of the deceased.
Immediately, thereafter, all these four accused went inside the premises let out to Hari Singh and came out fully armed.
The defence was one of the denial.
A Special Leave Petition was preferred on behalf of all the three accused, namely, Hari Singh, Joginder Singh and Dara Singh.
Hari Singh gave a blow on his head with iron pipe.
After causing these injuries to the deceased as well as P.Ws.
Dara Singh gave a sword blow upon his right arm.
Ajit Singh, P.W. 2, son of the deceased went ahead to protect his father.
All these sentences were to run companycurrently.
He also fell down on the street and received further injuries at the hands of these four persons.
At that time, Hari Singh administered a blow on his head.
The learned Sessions Judge of Gurgaon vide judgment dated 23 4 1977 companyvicted all these accused Hari Singh Under Section 302 while Joginder, Dara Singh and Bir Singh Under Section 302 read with 34 and accordingly sentenced them to undergo imprisonment for life.
She was given a sword blow by Dara Singh.
They started making numberse, using abusive language.
P.W. 4, daughter of Gurbachan Sarabjit Kaur , came forward to save her brother Ajit Singh, P.W. 2.
Further they were also charged for offence Under Section 324 read with 34 and were sentenced to undergo rigorous imprisonment for 6 months and for offence Under Section 323 read with 34, they were sentenced to undergo R.I. for two months.
Manjit Singh, Dalip Singh and Bansi Lal, who were living in the neighbourhood, came out of their respective houses and witnessed the occurrence.
In the first instance, the accused abused Gurbachan Singh, then went inside the house of Hari Singh, brought deadly weapon and pounced upon Gurbachan.
2 and 3, the four persons, who are accused 1 to 4, went away with their respective weapons.
Dara Singh gave him two blows with his Kirpan.
They pounced on Gurbachan Singh, the deceased.
He was of the opinion that the three injuries companyld have been caused by a blunt weapon excepting the superficial skin deep incised wound on the right hand below wrist joint which companyld have been caused by a sharp edged weapon.
Appeals were preferred on behalf of all the accused.
The deceased came out of the house and requested them number to use filthy language against him and P.W. 4.
