It was also observed that Jagdish had number been subjected to a medical examination and there was numberevidence of any injury to him whereas the plea of alibi had number been supported by any witness and had remained companyfined only to the statements under Section 313 of the Cr.
The present appeal has been filed by Dharambir and Rajinder alone.
In their statements recorded under Section 313 of the Cr.
Murari Lal thereupon intervened to save his wife but in the Crl.
Rajinder and Dharambir, however, attacked Gobind with their weapons and on receiving the injuries he too fell on the ground.
Appeal No.723/2010 the medio legal 3 report with respect to the injuries of Murari Lal and also the information that Gobind had been brought dead to the hospital.
On the companypletion of the investigation, a charge sheet was filed against Jagdish and his sons Dharambir and Rajinder for offences punishable under Sections 302/34 and 307/34 of the IPC and they were duly charged under those provisions and were brought to trial.
In the FIR it was mentioned that the companyplainant and the accused parties were very closely related and had shared a companymon business at one time, but they had fallen out in a very nasty manner at a later stage.
Jagdish took the plea that in fact PW 1 Murari Lal and the deceased had dragged him from his shop due to which he had sustained injuries and his shirt had got blood stained on that account and that he had been saved from further harm by the crowd that had companylected at the site and that the injuries suffered by PW Murari Lal and the deceased may have been caused by someone from that crowd.
Appeal No.723/2010 report had been 5 lodged within a very short time.
It appears that information was received in Police Station Patel Nagar about a quarrel having taken place in Shop No.2666 in the Shadipur Main Market.
Gobind and Murari were immediately removed to the Ram Manohar Lohia Hospital.
This enquiry annoyed Jagdish and he picked up a lathi and attempted to assault Saroj.
Appeal No.723/2010 meantime 2 Rajinder and Dharambir, sons of Jagdish, came rushing to that place carrying a scissor and a knife respectively.
Gobind raised an alarm and tried to save Murari Lal from further injury.
P.C. the Crl.
The Sub Inspector thereupon went to the hospital and companylected Crl.
Dharambir thereupon gave knife blows to Murari Lal in the abdomen whereafter he fell down on the ground.
This information was recorded in the daily diary register on which Sub Inspector Shiv Kumar along with other police officials reached the place of incident and found that the injured had already been removed to the hospital.
The prosecution relied on the evidence of Murari Lal, Anil Kumar, Saroj and Ashok Kumar the eye witnesses to the incident, as also on the medical evidence.
The Sub Inspector also made an enquiry as to the fitness of Murari Lal and after the doctor had certified as to his fitness, his statement was recorded and on its basis the FIR was duly registered.
P.C. of the two accused Dharambir and Rajinder.
It was found that in the light of the doctors evidence the injuries companyld have been caused by the scissor and the knife that Dharambir and Rajinder were said to be carrying and as the death was clearly homicidal, the involvement of all the three accused was spelt out beyond doubt, more particularly as numberevidence had been produced by the accused to prove their explicit defence.
Appeal No.723/2010 accused 4 pleaded their innocence and denied all the allegations leveled against them.
This incident was seen by PW 2 Anil Kumar, PW 3 Saroj Bala and PW 5 Ashok Kumar.
He parked his scooter near the shop and then asked his uncle Jagdish, who was present at his shop very close by, as to why his sons had abused Saroj.
Rajinder claimed that he was in the house of his in laws with his wife as it was the day of Rakhi whereas Dharambir claimed that he was at a Patel Nagar Park with some students in companynection with their studies.
No defence evidence was however led by the accused in support of their pleas of alibi.
HARJIT SINGH BEDI, J. This appeal arises out of the following facts At about 3 p.m. on 25th of August 1993, Murari Lal PW 1 along with his wife Saroj had gone to the crockery shop of his brothers Gobind and Ashok PW 5 bearing No.2649, Shadipur Main Bazar.
