The evidence of the prosecution witnesses against the appellant is that after Gurmej Singh was attacked when prosecution witnesses Avtar Singh and Mohan Singh went to his rescue, accused Ajit Singh gave two Gandasi blows on the head of Avtar Singh and one Gandasi blow on the head of Mohan Singh, accused Darshan Singh gave six to seven Dang blows to Avtar Singh while accused Sukhdev Singh gave three to four Dang blows to Mohan Singh.
Accused Darshan Singh gave six or seven blows with his Dang to Avtar Singh while accused Sukhdev Singh gave three or four Dang blows to Mohan Singh.
Mohan Singh and deceased Gurmej Singh were near the samadhi of Baba Balak Nath when Dilbagh Singh arrived there.
The injured Gurmej Singh died shortly after the occurrence.
Dilbagh Singh has number questioned his companyviction.
So saying Jai Ram is stated to have given a sua blow near the neck of Gurmej Singh.
Jai Ram was armed with a sua, Ajit Singh was armed with a Gandasi while Sukhdev Singh and Darshan Singh were armed with Dangs.
Jai Ram raised a lalkara exhorting the others number to spare Gurmej Singh.
On hearing this, Dilbagh Singh went to the house of Jai Ram and returned to the samadhi accompanied by the other four accused persons.
The High Court also accepted the evidence of the aforesaid three witnesses so far as the appellants are companycerned.
The deceased, Gurmej Singh, is stated to have asked Dilbagh Singh why he had misbehaved with his sister.
The medical evidence referred to in paragraphs 14, 15 and 16 of the Trial Courts judgment shows that the deceased had one incised wound on the upper part of the sternum 12 below the lower part of the neck, a stab wound on the left of the abdomen and another stab wound on the left side of the chest to the left of the nipple.
Avtar Singh and Mohan Singh, tried to rescue Gurmej Singh whereupon Ajit Singh gave two Gandasi blows on the head of Avtar Singh and one Gandasi blow on the head of Mohan Singh.
The Trial Court placed reliance on the evidence of the said two injured witnesses as well as PW 5 Bachan Singh.
On October 30, 1977 at about 5.30 p.m., Bachan Singh, Avtar Singh.
So far as Avtar Singh is companycerned he had two incised wounds and seven wounds on different parts of the body possible by a hard and blunt substance.
Dilbagh Singh, it is stated, was armed with a knife.
Prosecution witnesses.
Mohan Singh had one incised wound over the surface of the head and three injuries possible by a hard and blunt substance.
I.P.C., respectively with the aid of Section 34 for causing injuries to PW 5 Avtar Singh and PW 6 Mohan Singh.
However, as this part of the prosecution story was number found to be companysistent with the medical evidence Jai Ram came to be acquitted, the prosecution story further was that Dilbagh Singh gave two knife blows to Gurmej Singh on the left flank and in the abdomen on receipt whereof Gurmej Singh fell on the ground.
Thereafter, the assailants fled away with their weapons in the meantime, prosecution witnesses Gurmej Singh and Sewa Singh had also arrived and they too witnessed the incident.
Briefly stated, the prosecution case was that these three appellants along with Jai Ram were cultivating the land of Dilbagh Singh original accused No.
M. Ahmadi, J. Three appellants, Ajit Singh, Sukhdev Singh and Darshan Singh, have been companyvicted under Section 302/34, I.P.C. for causing the death of Gurmej Singh.
They have also been companyvicted under Sections 307, 324 and 323.
