The probable duration of the injuries was within six hours.
Injuries number 3,6,8 and 9 were declared simple.
On 11th January 1981 at about 9.00 a.m. Jagir Singh came to the house of Bachan Singh and remained there upto 6.00 p.m. in companynection with the distribution of sweets on the occasion of the birth of his Bachan Singhs grand child.
Thereafter Charan Singh accused dealt a gandasa blow on the head of Bachan Singh from its sharp side.
In order to appreciate the grievance of the appellant a few relevant facts leading to this appeal deserve to be numbered at the outset.
The weapon declared for injury number1 was sharp edged.
Meanwhile Piara Singh accused dealt blow with the butt of his gun on the left hand of Jagir Singh and another blow from the said butt on his right ear.
Bholan to the mortuary for autopsy.
Pulse was 72 per minute.
Then Charan Singh accused dealt a gandasa blow on the head of Bachan Singh from its reverse side.
The appellants grievance is that he is number liable to be companyvicted even under the said provision.
Thereafter, he went to the spot, lifted blood stained earth and recovered one empty catridge case from there.
Bholan, his brother Bachan Singh came out of the house along with Jagir Singh to see the letter off.
Before that, Bachan Singh and Hazara Singh also caused injuries on the person of appellant in their self defence.
The inspector held inquest and sent the dead body of Smt.
Thereafter the PWs arranged a car in which Bholan was placed.
On receipt of telephonic message, Inspector Balvinder Singh of Police Station Mallanwala went to the Civil Hospital, Ferozepore, and recorded the statement of Hazara Singh, which formed the basis of the First Information Report.
The patient was companyscious.
Injuries number 1,2,3,4,5 and 7 were kept under observation for X ray.
Appellant was also sentenced under Sections 324 and 325 read with Section 34 for the injuries caused to the companycerned PWs as mentioned in the charge.
The aforesaid decision of the Sessions Court resulted in criminal appeal moved by the appellant and the other two accused Piara Singh and Charan Singh in the High Court of Punjab Haryana at Chandigarh.
Rest all by blunt weapon.
The accused were arrested on 17th January 1981 and their weapons were taken into possession.
Bholan and ordered him to undergo imprisonment for life and to pay a fine of Rs.3,000/ or in default to further undergo rigorous imprisonment for one and a half years, while Piara Singh and Charan Singh accused were sentenced under Section 302 read with Section 34 of IPC and were directed to undergo imprisonment for life and to pay a fine of Rs.1,000/ each and in default of payment of fine to further undergo rigorous imprisonment for six months each.
After investigation the appellant along with his company accused were chargesheeted and ultimately their case was companymitted to the companyrt of Sessions for trial.
However, the fire missed the target as he Hazara Singh had knelt down to save himself and the fire passed over his head.
The learned Trial Judge after recording evidence and hearing the rival versions took the view that appellant was guilty of an offence under Section 302 of the IPC for killing Smt.
Bachan Singh and Hazara Singh accompanied her to Civil Hospital, Forezepore, at a distance of 14/15 kilometers.
Piara Singh accused was sentenced under Section 307 IPC and was directed to undergo rigorous imprisonment for one and a half years and to pay a fine of Rs.300/ and in default of payment of fine to further undergo rigorous imprisonment for two months while the appellant and another accused Charan Singh were sentenced under Section 307 read with Section 34 IPC and were directed to undergo rigorous imprisonment for six months each and to pay a fine of Rs.100/ each and in default of payment of fine to further undergo rigorous imprisonment for one month each.
Bholan deceased near he pelvic region.
On receipt of this injury, she fell down on the ground.
Thereafter appellant fired from his single barrelled gun and the shot hit Mst.
Piara Singh accused opened the attack by firing from his D.B.B.L. gun towards Hazara Singh.
B.P. 130/70.
At about 6.00 p.m. Hazara Singh, his wife Mst.
Jagir Singh was going to companynect his tractor with his trolley.
They were standing in front of the gate of his Hazara Singhs house.
The car left village Nizamwala at about 6.45 p.m. but Bholan died on the way at a distance of 6/7 miles near village Sodhiwala on their way to the Hospital.
Meanwhile, Piara Singh accused armed with his B.B.L. gun, Wassan Singh accused armed with a single barrelled gun and Charan Singh accused armed with grandasa came to the house of Hazara Singh and Bachan Singh raising lalkaras.
Charan Singh accused raised a lalkara that he and his companypanion companyaccused were going to teach Hazara Singh and others a lesson for parking the tractor trolley in the lane.
J. Appellant, Wassan Singh has brought in challenge his companyviction and sentence as imposed upon him by the High Court of Punjab Haryana at Chandigarh in Criminal Appeal No.637 DB of 1981.
B. Majmudar.
He went to Jagir Singh at village Akku Masteke on 10th January 1981 to request him Jagir Singh to join the celebration of Lohri festival at his house.
That is how the appellant is before us in the present appeal.
BACKGROUND FACTS The appellant who was accused number1 along with two other accused Piara Singh and Charan Singh were charged with offences under Sections 302, 307, 325, 324, 323 read with Section 34 of the IPC on the allegation that on 11th January 1981 at about 6.00 p.m. in the area of village Nizamwala, in furtherance of their companymon intention which was to companymit the murder of one lady Smt.
Thereupon Hazara Singh, Bachan Singh and Jagir Singh raised raula and on this, the accused decamped with their weapons.
While allowing his appeal against companyviction under Section 302 Indian Penal Code in short IPC the High Court has companyvicted him for the lesser offence under Section 304 Part I, IPC and sentenced him to undergo rigorous imprisonment for 10 years.
