Ultimately, the trial companyrt came to the companyclusion that the two accused are guilty of an offence punishable under Section 325 read with Section 34 IPC and imposed upon each of them rigorous imprisonment for a period of five years with fine of Rs.
Prosecution was launched against Bhagmal and Bhup Singh alleging that at about 8 p.m. on June 25, 1995 when P.W. 12 Raj Bir, P.W. 13 Kaushalya and Prem Singh deceased were sitting in the outhouse in village Beriyawas, Bhagmal and Bhup Singh armed with lathis attacked Prem Singh deceased on the pretext that he had abused them that Prem Singh begged their excuse with folded hands but Bhagmal caught hold of Prem Singh and Bhup Singh gave a lathi blow on his head as a result of which Prem Singh fell down on the ground that Bhagmal gave several fists blows and kicks on the person of the deceased that in the meanwhile Nihal Singh and Kaushalya P.W. 13 rescued Prem Singh from the accused and he was carried to the hospital at Rewari and, thereafter, to another hospital at Rohtak but he succumbed to the injuries.
Both the state and the accused filed appeals.
What is necessary is to examine the role played by Bhagmal in the case and as to nature of offence companymitted by him.
It is against this order, the present appeal has been filed.
During the pendency of the appeal, Bhup Singh appellant No.
15,000/ .
Bhagmal had given fist and kick blows on the various parts of the body of Prem Singh which had been proved from the medical evidence and, further, found that the ferocity of the attack made by Bhup Singh is evident from the damage caused to the skull injury No.
Hence, appeals filed by Bhagmal appellant No.
The trial companyrt examined 14 witnesses and relied upon the eye witness account of Raj Bir P.W. 12 and Kaushalya P.W. 13 that the incident had taken place in the village at the time and in the manner indicated earlier and the defence theory that a fight had taken place between Dharam Pal and Rajbir on the one side and Prem Singh on the other side was number believed.
It was also numbericed that there were multiple fractures on the left frontal bone and left and right parietal bones and that some of fractured bone pieces were projecting underneath the brain tissues.
1 is stated to have died and appeals filed by him stand abated.
Thereafter, a first information report was lodged with the police and on investigation of the case charge sheet was filed for offences punishable under Section 302/34 and 452 IPC.
