Bishan Singh tried to snatch the gun from Tek Chand, father of the petitioner.
The petitioner in his statement stated that on 30.4.82 at about 8.30 P.M. Tilak Raj and farm servant went in a tractor trolley loaded with grains for marketing.
Thereafter they went into the market and they were sitting on a company lying in front of the shop.
On the day of occurrence the deceased and the two injured witnesses were returning to the village after harvesting the crop in a tractor to which a trolley was attached.
The petitioners father Tek Chand also received injuries.
On Balbir Singh, another doctor, P.W. 4 found one punctured wound and on Bishan Singh, he found only two abrasions.
At that juncture, the petitioner took out a revolver and fired two shots in the air but the deceased and other P.Ws did number desist from attacking.
On Tilak Raj, the other accused there were very serious injuries and he was examined by a Doctor, P.W. 4 who examined other P.Ws also.
He and his father Tek Chand started in their matador van and overtook their tractor near the turning in the market.
One Sham Lai alias Sham Sunder alongwith two others were tried for offences punishable under Sections 302, 302/34 and 307/34 I.P.C. and the trial companyrt companyvicted all the three of them and sentenced each one of them to undergo imprisonment for life and also other terms of imprisonment and to pay some fine.
The petitioner got down and fired into the air.
When they reached near the Karyana Shop in the grain market they found all the accused there.
As against the order dismissing S.L.P Crl.
The Doctor, D.W. 2 who examined Tek Chand found as many as 14 companytusions all over the body and injury No.
The Doctor found on Tilak Raj one lacerated wound 1.5 cm x. 25 cm vertical on the forehead bleeding.
The deceased was driving the tractor.
During the same occurrence Tilak Raj, A 3 also was seriously injured.
The sentences were directed to run companycurrently.
During the post mortem companyducted on the dead body of Kashmir Singh, the Doctor P.W. 3 found two wounds, one entry wound and another exist wound which companyld have been caused by single gun shot.
Questioning the same they preferred S.L.P. Crl.
Against the order, it appears that a different S.L.P. was filed but that was also dismissed and we are number companycerned with that at this stage.
The Doctor further opined that injury No.
The Petitioner also was attacked by the deceased and Ors.
2 was grievous as it resulted in the fracture of the frontal parietal bone.
This Tilak Raj tried to resist.
People gathered there and the accused are alleged to have run away.
and caused him injuries.
They preferred an appeal to the High Court and the High Court agreeing with the findings of the trial companyrt dismissed the appeal.
Then in order to save himself, his father and Tilak Raj the petitioner fired at Kashmir Singh and Balbir Singh.
Tilak Raj was also admitted in the hospital.
970/85 in this Court but the same was dismissed by this Court by an order dated 18.11.85.
There was another lacerated wound 3 cm x .5 cm and vertical line was 4.5 cm x .5 cm on the left side of the head in front of parietal region.
Thereupon Dalip Singh hurled abuses.
Tek Chand, A 1 was carrying a double barrel gun and the petitioner Sham Lal was carrying a revolver and Tilak Raj was carrying a stick.
Writ Petition No.
134/89 was filed.
322 of 1988 was filed under Article 32 of the Constitution of India questioning the vires of the provisions of the Punjab Borstal Act on the ground that they are inconsistent with and are violative of Articles 14 and 21 of the companystitution.
The Doctor also stated that Tilak Raj was in semi companyscious companydition.
This occurrence took place because of a land dispute.
They tried to dash against the trolley driven by the petitioner and his father.
The same Doctor also examined the petitioner and on him he found one incised wound and two companytusions.
The petitioner alongwith other two accused were tried for causing the death of one Kashmir Singh on 30.4.82 and also attempting to cause the death of Balbir Singh and Bishan Singh.
13 was an incised wound on the leg.
Balbir Singh, P.W. 7 and Bishan Singh P.W. 8 were sitting on the mud guard and Dalip Singh, P.W. 6 was sitting in the trolley.
Near that point they saw a tractor driven by Dalip Singh, P.W. 6 companying from the opposite direction and in the trolley of that tractor, Bishan Singh, Balbir Singh, Shingara Singh P.Ws and Kashmir Singh deceased were riding.
It appears that during the pendency of the appeal before the High Court, Sham Lai filed a petition to take action under the Punjab Borstal Act, 1926 but the same was dismissed.
It is important to numbere that the prosecution has number companye forward with a plausible and acceptable explanation for the presence of these injuries on the accused.
Thereupon the deceased gave a dang blow on the head of Tilak Raj and other witnesses also gave blows to Tilak Raj who became unconscious.
Thereupon Tek Chand fired his gun causing injury to Bishan Singh, P.W. 8 and the petitioner Sham Lal fired at Kashmir Singh deceased and he also caused injury to Balbir Singh, P.W. 7 on the left leg.
970/85, Review Petition No.
It is alleged that Tilak Raj raised a lalkara.
At that time Bishan Singh armed with a Karai, Kashmir Singh armed with a dang fitted with iron patti and Balbir Singh, Shingara Singh armed with dangs chased them.
