The dead body was then sent for post mortem examination.
It is against this order of acquittal, the companyplainant has filed the present Criminal Appeal to this Court.
Dhan Kaur PW 11 mother of Ishwar tried to intervene during the assault but she was also given a lathi blow by Jai Singh A 2 .
Since Ishwar had sustained bleeding injuries, he was taken to the Medical College, Rohtak, in a rickshaw but before any medical help companyld be given to him, he succumbed to his injuries.
The accused did number lead any evidence.
A 2 gave a lathi blow on Rajinder PW 14 and Prem PW 9 .
After companypleting the necessary investigation, a charge sheet came to be submitted against all the four accused for offences punishable under Sections 302, 302/34 and 449 of the Indian Penal Code.
Dr. Rohtas Yadav PW 3 carried out the post mortem examination and his report is at Ex.
In the meantime, all the accused fled away.
At about 6.00 p.m., Daula A 1 and Jai Singh A 2 came there and picked up a quarrel with Rajinder over money.
They have been falsely implicated in the present crime.
They prayed that they be acquitted.
PJ/1 of Prem Singh PW 9 which was treated as the FIR.
The Addl.
The prosecution also examined formal witnesses including three doctors, panch witnesses and the investigating officer.
When all of them are talking, Daula A 1 , Jai Singh A 2 , Balraj A 3 and Baljit A 4 came there at about 6.30 p.m. A 1 was carrying Ranpi sharp edged cutting weapon used by companyblers whereas A 2 and A 4 were armed with lathis.
Briefly stated the prosecution case as unfolded at the trial is as under The marriage of the daughter of Malha, pot maker, was to be celebrated on December 9, 1984, and in that companynection, Halwais from Rohtak were engaged for preparing the sweets on December 8, 1984.
S.I. Ram Chander PW 17 after making an entry in the daily diary proceeded to the Medical College where he recorded the statement Ex.
The quarrel then ended and they left to their respective houses.
The accused denied the allegations levelled against them and pleaded that they are innocent and they have companymitted numberoffence.
1 to 4 accused aggrieved by the order of companyviction and sentence preferred a criminal appeal to the High Court and the High Court reversed the well reasoned judgment of the trial companyrt and acquitted all the accused.
Prem and Ishwar thereafter came to the house of the latter.
Ishwar intervened and saved his companyleagues from further assault.
Jai Singh A 2 gave a lathi blow on the left hand of Ishwar.
Ishwar then pushed out A 1 and A 2 from the house of Giani.
The doctor on duty sent a ruqqa to the Incharge, police post attached to the Medical College at about 8.20 p.m. and also informed police station, City Rohtak on telephone regarding the arrival of the dead body.
The sweets were being prepared in the house of Giani which is situated in Silara Mohalla, Rohtak.
SI Ram Chander held the inquest on the dead body of Ishwar Ex.
Krishan, Ude and Prem PW 9 intervened in the quarrel and saved Ishwar from the assault.
Krishan and Ude were sitting on the company outside the house.
A 3 was however number having any weapon.
Ishwar since deceased and Rajinder PW 14 were present at the place of Giani.
It was alleged by the prosecution that Baljit A 4 and Balraj A 3 caught hold of Ishwar whereupon Daula A 1 assaulted him with Ranipi on his back.
SI Ram Chander then recorded the statements of various witnesses including that of Rajinder Singh PW 14 and Dhan Kaur PW 11 who were injured during the assault and were sent to the Medical College for necessary treatment.
All the four accused forcibly entered into the house of Ishwar whereupon A 1 shouted at Ishwar and challenged as to why he had pushed him out of the house of Giani.
for Prem Malhotra, Advs.
J U D G M E N T The following Judgments of the Court was delivered P. KURDUKAR, J. This criminal appeal is at the behest of the companyplainant appellant challenging the legality and companyrectness of the judgment and order dated October 29, 1986, passed by the Punjab Haryana High Court, Chandigarh, acquitting the respondents Nos.
for the Respondents.
for the appellant S. Bhatia, B.S. Gupta Ajay, Siwach Adv.
1 to 4 accused of all the charges.
All the four accused were arrested during the investigation.
The prosecution in order to bring home the quilt against the accused examined Prem Singh PW 9 , Krishan PW 10 , Dhan Kaur PW 11 and Rajinder PW 14 as the witnesses of fact and also to prove motive.
Sessions Judge II, Rohtak, by his judgment and order dated October 24/26, 1985, companyvicted the first respondent A 1 under Section 302 IPC and respondents Nos.
