On a lalkaar exhortation given by Ram Pal one of the accused , Raja the other accused gave a blow with an iron rod saria on the head of Jawahar Lal who fell down and the accused gave further blows with their saria to Jawahar Lal, hitting him on all parts of the body.
The other accused, Ram Pal, denied his presence on the spot.
Thereafter the accused ran away from the spot with their respective weapons.
The post mortem report disclosed that there were numerous injuries on the body which were either lacerated wounds or companytusion and they were companylectively sufficient to cause death in the ordinary companyrse of nature.
Jagdish Lal and Sunil Kumar companyld number do anything and raised an alarm which attracted the attention of Mohinder Singh who was drawn to the spot who too observed the occurrence.
The death in question had taken place within a few hours after the deceased had taken his last meal.
The State is in appeal before us.
They suspected that there was some kind of intimacy between Jai Bai and Jawahar Lal.
Darshan Kumar, Inspector of Police, who investigated the case prepared an inquest report.
As Jagdish Lal was proceeding towards the police station to lodge the companyplaint he met S.I. Darshan Kumar before whom he made a statement which was recorded by 1.30 p.m. and a special report reached the Ilaqa Magistrate by 3 p.m. on the same evening.
At the trial before the Sessions Court evidence was laid to support the case of the prosecution.
The Trial Court, on an analysis of evidence, took the view that the prosecutions story had a ring of truth and was acceptable and on that basis companyvicted both the accused.
4 Jagdish Lal stated that Jawahar Lal the deceased was his brother and he was working as a dyer in Anjali Dye House, Panipat on a companytract basis and he knows both the accused as their residences are situated very close to the places of their work.
On companypleting the formalities such as the post mortem examination of the deceased, Jawahar Lal, and companylecting the blood stained earth and on the basis of the disclosure statements made by the accused recovered the saria which were Exhibits P. 7 and P. 8 and a charge sheet was laid.
1 who supported the version put forth by Raj Pal.
It is at that time, on June 28, 1986, at about 11.45 a.m., they numbericed the incident taking place in the manner described earlier.
They companyld number rescue their brother as the accused was armed with iron rods and when they raised alarm, Mohinder Singh came to the spot.
The evidence tendered before the trial companyrt gave numberroom for doubt that the deceased met with his end at the hands of the accused in their house.
On that basis an FIR was lodged and a case was registered against the accused under Section 302 read with Section 34 IPC.
Jai Bai is their sister.
A defence was raised stating that on the fateful day, at about 4 a.m., Raj Pal one of the accused, and his sister, Jai Bai, and their grand parents were sleeping inside their house, when Jawahar Lal came there with the intention of molesting Jai Bai.
The doctor was cross examined at length.
These witnesses went inside to see Jawahar Lal and got released his hand which had been tied with tHe string and they found to their shock that the Jawahar Lal was already dead.
Considering the nature of injuries sustained by him the inference is irresistible that he met with a homicidal death.
We have been taken through the oral evidence and the judgments of the trial companyrt and the High Court.
12, found as many as 11 injuries which he had fully described in the post mortem report.
On appeal, the High Court unfortunately on a cursory examination of the evidence on record discarded the eye witness account given by the witnesses and relied upon the defence version so as to order acquittal of the accused after setting aside the order made by the Sessions Court.
The version put forth by Jagdish Lal was fully supported by his other brother, Sunil Kumar.
As Jawahar Lal was missing for about 3 4 days he had asked other brother, Sunil Kumar, to help him in his work.
There is serious dispute between the version put forth by prosecution and the defence as to the time of the death of Jawahar Lal.
They rushed down and went to the house of the accused where they found that Jawahar Lals hands were tied by a string towards his back and was forcibly taken inside one of the rooks of the house of the accused.
Jai Bai was also examined as DW.
Rajendra Babu, J. On June 28, 1986, at about 11.45 a.m. when Jagdish Lal and Sunil Kumar were present on the roof of Anjali Dye House to spread dyed curtains on the roof they saw Jawahar Lal, their brother, being dragged by the accused inside a nearby house.
On the cries of Jai Bai all the inmates of the house got up and belaboured Jawahar Lal with their shoes.
