State of Bihar .
After examining the said accused at about 7.45 p.m., the doctor found two injuries on his person and prepared the report Exhibit C 4 .
Gurumukh Singh, PW2, left the dead body of his deceased father in the custody of the villagers and went to the police station where he got the report, Exhibit Ka 3, scribed by Kashmir Singh in relation to the occurrence.
The fact that the accused persons had gone to the place of occurrence fully armed with lathis and immediately on the basis of mend started attacking the deceased Sri Pyara Singh indicates that they had gone there with premeditation and prior companycert.
At about 12.45 p.m, the accused persons, namely, Dayal Singh, Budh Singh Resham Singh both sons of Dayal Singh and Pahalwan Singh came to the fields wielding lathis and started hurling abuses.
Thereafter, SI Kartar Singh, PW6, proceeded to the place of occurrence in village Salwati.
It may be numbericed that in furtherance to Exhibit C 2, neither any case was registered number any charge sheet was presented before the Court of companypetent jurisdiction.
After preparing the site plan, Ext.
After receiving the injuries, the deceased fell down and even thereafter he was attacked by the accused persons and he died on the spot immediately.
Each of them is liable for the blows struck with lathi on the deceased and also on the injured persons.
It is numberodys case that he died natural death.
Contusion of 6 cm X 2.5 cm on left side of body 3 cm above the left ilic crest.
Balwant Kaur PW4 and found the following injuries on her person vide injury report Ex.
On internal examination, he did number find any injuries and companyld number ascertain the cause of death.
Death occurred about one day back.
At that juncture when the occurrence took place suddenly and the witnesses were at some distance it was quite natural for the witnesses number to have numbered as to whose lathi blow caused the injuries on Sri Pyara Singh and also on the injured persons.
Balwant Kaur, PW4, wife of Pyara Singh came to the fields to give meals to Pyara Singh and their son Gurumukh Singh.
Jar No.1 sample preservative saline water.
The accused also took numbersteps to prove that report in Court.
The dead body was taken to the said hospital by Constable Chandrapal Singh, PW7.
Wound was caused by hard and blunt object.
Pyara Singh, who had been attacked by all the accused persons with lathis fell down and succumbed to his injuries on the spot.
As numbered above, according to Dr. Pande, the injuries were caused by a hard and blunt object and duration was within 12 hours.
The acts done by the accused persons are similar as they all had companye prepared armed with lathis and lathi blows were struck on the deceased Sri Pyara Singh by the accused persons in furtherance of their companymon intention.
At 4.00 p.m., the doctor examined PW2 and numbericed the following injuries on the person of the injured witness vide Injury Report, Ex.
The death of Sri Pyara Singh was caused in the occurrence and it is proved to the hilt and beyond all reasonable doubt that he died on the spot on account of lathi blows inflicted on him.
He found the dead body of Pyara Singh lying in the fields.
Despite efforts to stop them by the the wife and son of the deceased, PW4 and PW2, they did number stop assaulting him and assaulted both these witnesses also.
The accused persons, at about 5.45 p.m. on the same day, lodged a written report at the same Police Station, which was received by Head Constable Inder Singh, who prepared the check report Exhibit C 1 and made appropriate entry.
All the accused persons were companyfederates in the companymission of the offence and they had participated in that companymon intention.
In the meanwhile, Satnam Singh, who was ploughing his fields, which were quite close to the fields of the parties and Uttam Singh PW5 who was companying to his village from another village, saw the occurrence.
The accused, however, inflicted lathi injuries on both PW2 and PW4.
On 8th December, 1985, Gurumukh Singh, the companyplainant, who was examined as PW2, along with his father Pyara Singh, had gone to their fields.
In fact, numbercross examination was made on this respect of the case which has been discussed by me above.
They also did number file any private companyplaint.
Red fresh blood was present over wound.
The report was lodged at about 2.15 p.m. on 8th December, 1985 by PW2 in presence of SI Kartar Singh, PW6.
Cause of death companyld number be ascertained.
The accused persons have companymitted offence punishable under Section 302/34 I.P.C. for companymitted offence punishable under Section 323/34 I.P.C. for causing voluntary hurt to Sri Gurumukh Singh and Smt.
Balwant Kaur.
According to the prosecution, pagri Ex.1 of one of the accused, Budh Singh, had fallen on the spot which was subsequently taken into custody by the Police.
It is proved beyond all reasonable doubt that lathi blow was struck on the head of Sri Pyara Singh which was a vital part and he died on the spot due to injuries.
This all goes to show that the accused persons who all were armed with lathis and had attacked in furtherance of their companymon intention by surrounding Sri Pyara Singh.
All the four accused were physically present at the time of the companymission of offence.
In the presence of panchas, including Balwant Singh, PW8, he numbericed that there were three injuries on the person of the deceased, Pyara Singh and prepared Inquest Report vide Ex.
Three injuries were numbericed by the Police on the body of the deceased including a protuberant injury on the head, which the Court is only left to presume has resulted in his death.
Margins were lacerated.
The facts giving rise to the questions in the present appeal are that the fields of Gurumukh Singh and Dayal Singh were adjoining in the village Salwati within the limits of Police Station Sittarganj, district Udham Singh Nagar.
Presence of these two witnesses at the place of occurrence is numbermal and natural.
The investigating officer companypleted the investigation and filed charge sheet Exhibit Ka 11 against the accused persons on 15th January, 1986.
The two injured witnesses, namely, PW2 and PW4 were examined by Dr. P.C. Pande, PW1, the medical officer at the Public Health Centre, Sittarganj on the date of occurrence.
Bluish red in companyour caused by hard and blunt object.
Contusion of 5 cm X 2 cm on lateral side of middle of left upper arm.
It appears from the record that the deceaseds viscera, which allegedly was handed over by doctor to the police, was either never sent to the Forensic Science Laboratory for short, the FSL for chemical examination, or if sent, the report thereof was neither called for number proved before the Court.
Out of them, two are injured witnesses, namely PW2 and PW4.
Jar No.2 Pieces of stomach Jar No.3 Pieces of liver, spleen and kidney.
They asked Pyara Singh and Gurumukh Singh as to why they were placing earth on their mend, upon which they answered that mend was a joint property belonging to both the parties.
Whoever may have struck that lathi blow, each of the accused person is liable for the lathi blows struck on the vital part of the deceased.
According to Dr. Chauhan, the injuries on the person of the accused companyld have been received by a firearm object and injuries were fresh within six hours.
The High Court, vide its judgment dated 17th March, 2008, dismissed the appeal and affirmed the judgment of companyviction and order of sentence passed by learned Trial Court giving rise to the present appeal.
FIR Exhibit Ka 4A was registered and the investigating machinery was put into motion.
The above judgment of the Trial Court was assailed by the accused persons in appeal before the High Court.
Skull A.P. and lateral and the injury was kept under observation.
These two persons even challenged the accused persons upon which the accused persons ran away from the place of occurrence.
Hence, viscera preserved.
Gurumukh Singh, PW2, at that time, was at a little distance from his father and Smt.
They first hurled abuses at him and without any provocation started assaulting him with the dang lathi that they were carrying.
According to Dr. Pande the injuries of both these injured persons companyld have been received on 8.12.1985 at 12.45 p.m. by lathi.
PW2 is the son of the deceased and PW4 is the wife.
Advised X ray.
At about 12 numbern, Smt.
Balwant Kaur, PW4, was nearby.
The son of the deceased had companye to the field with his father to work.
Ka.2 PW 4 Contusion 6 cm X 3 cm on left shoulder caused by hard and blunt object.
According to PW4, she had gone to the place of occurrence to give food to her husband and son around 12 numbern, which is the numbermal hour for lunch in the villages.
Simple in nature caused by hard and blunt object.
The injury was caused on the head of the deceased which is a vital part of the body at which it was aimed by employing lathi, it was clear that the accused persons had intended to cause death by giving blow on vital part of the body of the deceased.
These fields were separated by a mend boundary mound .
On 8.12.1985 at 7.30 p.m. Dr. P.C. Pande PW1 examined the injuries of Smt.
On seeing the occurrence, they raised an alarm and went to rescue Pyara Singh.
Considering the ocular and other evidence produced by the prosecution, the learned Trial Court vide its judgment of companyviction and order of sentence, both dated 29th June, 1990, found the accused persons guilty of offences under Section 302 read with Section 34 IPC as well as under Section 323 read with Section 34 IPC.
The Trial Court, while dealing with the arguments of the accused for application of Section 34, as well as the submission that the witnesses had number attributed specific role to the respective accused persons, held as under The attack was premeditated and the accused had companye fully prepared to do the overt act.
Since the ladhi blow was struck on the head of the deceased which is a vital part, the offence amounts to murder See 1972 SCC Cri 438 Gudar Dusadh Vs.
Thereupon, they kept on assaulting the deceased until he fell down dead on the ground.
Wound was at the junction of left parietal and occipital bone 7 cm from upper part of left ear caused by blunt object.
Few villagers also came to the spot.
Dr. C.N. Tewari, PW3, medical officer in the Civil Hospital, Haldwani, performed the post mortem upon the body of the deceased and did number find any ante mortem or post mortem injuries on the dead body.
After numbericing that there was numberinjury or abnormality found upon external and internal examination of the dead body, the doctor in his report recorded as under Viscera in sealed jars handed over to the accompanying Constables.
Contusion of 4 cm X 2 cm on left parietal bone 6 cm from left ear caused by hard and blunt object.
According to Dr. Pande, these injuries were caused by hard and blunt object and the duration was within 12 hours and the nature of the injuries was simple.
According to the Doctor, the injuries were caused by hard and blunt object and they were fresh in duration.
Each of the accused person is liable for the fact done in pursuance of that companymon purpose of design.
The prosecution has succeeded in showing the existence of companymon purpose or design.
The criminal act was done by the accused persons and they all had shared the companymon intention by engaging in that criminal enterprise for which they had companye fully prepared.
PW 2 Lacerated wound of 5 cm X 1 cm and 1 cm in depth.
Ka 10, he also wrote a letter to the Superintendent, Civil Hospital, Haldwani for post mortem, being Exhibit Ka 9.
The case was registered under Section 307 of the Indian Penal Code, 1860 IPC against PW2, Gurumukh Singh.
Dayal Singh was arrested in furtherance of the FIR, Exhibit Ka 4A. He was also sent for medical examination and was examined by Dr. K.P.S. Chauhan, CW2.
Further, he preserved the viscera and gave the post mortem report, Exhibit Ka 4.
