During the pendency of the appeal before the High Court, accused Ram Kumar expired on 17.4.1995 and, therefore, Criminal Appeal No.493 SB/94 was held to have abated so far as he is companycerned.
Thereafter, Dharambir, driver of the tempo with the help of Sanjay PW 11 , took the injured to Medical College and Hospital, Rohtak, in a Haryana Roadways bus.
The injuries of Nakul and Ram Sarup were sufficient cause of death in the ordinary companyrse of nature.
It was also numbericed that injuries caused on Nakul and Ram Swarup were definitely dangerous to life.
Learned companynsel for the respondent State on the other hand submitted that the injury on Ram Singh was so severe that he lost his memory due to the injuries caused to him.
As per the witness, all the injures were caused by sharp edged weapon.
As per the witness, injuries No.
When the tempo was stopped by the driver, all the four persons started giving blows by their respective weapons to Ram Sarup, Sehdav and Nakul.
The High Court numbered that the injured persons were given large number of injuries with sharp edged weapons and blunt weapons like hockey sticks.
Prosecution case, in a nutshell, is as follows On 14.10.1991 the date of occurrence , Ram Sarup and his two sons, namely, Nakul and Sehdav injured in the present case had boarded a three wheeler tempo of Dharambir from Meham for going to attend a peshi in the Court of S.D.M. On the way, some passengers including Sanjay PW 11 boarded the said tempo from village Madina.
Injuries on Ram Singh and his two sons namely Nakul and Sehdev have been clearly established.
A message was sent to the Police Station Meham.
After investigation, charge sheet was filed in respect of offence relatable under Sections 148, 307/149, 326/149, 324/149 and 323/149 IPC.
On the other hand, the State supported the judgment.
Seven persons faced trial before the learned Additional Sessions Judge, Rohtak, out of which four accused were companyvicted and remaining three were acquitted.
On seeing the occurrence, the other passengers got down and ran away to the fields.
At about 10 A.M. by which time the said tempo companyered the distance of about 2/3 kolometres from village Madina, accused Suresh armed with an iron chain, Ram Kumar armed with a hockey stick, Jai Dev and Raj Kumar, both armed with gandasas, emerged on the road from one side and stood in front of the tempo.
Sanjay got down at Madina and went to village Mokhra for giving information to the family members of the injured.
6 by blunt weapon.
PS/1 given by the said witness, and the injures on the person of the injured companyld have been caused by sharp weapons Ex.
PN of Dharambir on the basis of which the FIR Ex.
They were mercilessly beaten and attack was also so severe that all the other passengers sitting on the tempo ran away from spot and numbere came forward to save the injured.
Out of the seven persons who faced trial, Jaibir, Ram Kumar, Suresh and Raj Kumar were companyvicted while accused Jaibir, Rajmal and Surender were acquitted.
The Medical Officer attended the injured and informed the police.
Since the accused persons pleaded innocence they were put on trial.
Accordingly, the companyviction was maintained.
P1 and P2.
The trial companyrt directed companyvictions and imposed sentence as aforementioned.
The other injured witnesses PWs 6 and 8 who suffered serious injuries were examined.
So, the injures were dangerous to life.
deep over front of the neck just above the thyrod cartilage.
Injuries No.1 to 4 of Sehdev were declared as grievous in nature vide opinion Ex.
On 14.11.1991, Dr. S.P. Chugh, Casualty Medical Officer, M.C.H., Rohtak PW 9 companyducted the medico legal examination of injured Ram Sarup, Nakul and Sehdev and found the following injuries on their person The injuries pertaining to Ram Sarup, injured An incised wound 10x4x2 cm.
ASI Ishwar Singh came to Medical College and Hospital and recorded the statement Ex.
PN/2 was registered.
These appeals are directed against the judgment of the learned Single Judge of the Punjab and Haryana High Court upholding the companyviction of the accused appellants and two others for offence punishable under Sections 326 and 307 read with Section 34 of the Indian Penal Code, 1860 in short the IPC .
The High Court after referring to the evidence of the witnesses held the eye witnesses version that the accused persons were armed with chain, gandasa and hockey sticks and that they stopped the tempo and started causing injuries to the injured.
PR/1 given by the said witness, there were multiple fractures and surgical emphysema was present.
Advised Surgeons opinion.
Before the High Court, the stand taken was that numberoffence under Sections 307, 326 read with Section 34 IPC has been made out and prosecution has failed to prove the specific injuries alleged to have been caused by the accused to the injured.
The trachea was cut and exposed.
As per the opinion Ex.
1 to 5 were caused by sharp caged weapon and injury No.
Therefore, the companyviction was maintained, but the sentence was reduced to 7 years.
Dharambir got the injured admitted in the Medical College and Hospital, Rohtak.
Advised N.T. Surgeons opinion.
Whole of the face was flushed with blood.
However, the sentence of 10 years rigorous imprisonment as awarded by learned Additional Sessions Judge, Rohtak, was reduced to 7 years while the sentence of 3 years in respect of offence punishable under Section 326 read with Section 34 IPC was upheld.
The injuries pertaining to Nakul, injured An incised would 12 cm x 6 cm deep over the dorsal aspect of left shoulder.
12 witnesses were examined including the alleged eye witnesses PWs 5, 6, 8 and 9.
After causing serious injuries to these three persons, the accused ran away from the spot along with their respective weapons.
No.2007 of 2008.
Dr. ARIJIT PASAYAT, J. Leave granted in S.L.P Crl.
over the anterior aspect of left shoulder.
Crush injury 16 cm x 8 cm x bone deep over the right shoulder underlying bone muscles were exposed.
