The injuries were ante mortem in nature and sufficient to cause death in the ordinary companyrse of nature.
Gurmeet Kaur raised a lalkara saying that Kabul Singh and Mangal Singh should number be allowed to escape as they had damaged their crops.
Mangal Singh was removed to Civil Hospital, Pathankot from where he was referred to C.M.C. Ludhiana.
The canal water over flowed through the Khal including the fields of Kabul Singh PW4 and entered into the fields of accused Bakhshish Singh wherein wheat crops were sown.
The stand of the prosecution was that by application of Section 34 IPC each one of them had been rightly found guilty.
Though this canal water had companye, perhaps, from the field of Darshan Singh to the fields of the appellants but the accused were feeling that the canal water had companye through the fields of deceased Mangal Singh.
Dr. Sunil Ghai PW2 companyducted autopsy on the dead body of deceased Mangal Singh on 2.5.1994 and found the following injury Lacerated wound 2 cm x 0.5.
PJ of Kabul Singh was recorded by SI Jarnail Singh PW8 at 7.30 P.M. on 1.5.1994 and on its basis formal F.I.R. Ex.
In appeal the basic stand of the accused persons was that there was absolutely numberevidence so far as accused Bakhshish, Balbir and Gurmeet are companycerned.
The aforesaid Mangal Singh breathed his last due to injuries on the way of Ludhiana.
Prosecution version as unfolded during trial is as follows Agricultural lands of Kabul Singh PW4 and that of Mangal Singh hereinafter referred to as the deceased , his nephew, and that of respondent Bakhshish Singh and others adjoin each other and are located in the same vicinity in village Bhoa and fall within the jurisdiction of Police Station Sadar, Pathankot, District Gurdaspur.
The special report reached the learned Ilaga Magistrate at 5.05 A.M. on 2.5.1994.
cm stitched present on the middle of the head approximately 2 cm.
PP, accused Balraj Singh got recovered Gandasi Ex.
On dissection, underlying parietal bone was fractured.
In pursuance of his disclosure statement on Ex.
It also numbered that only a single blow was given by Balraj and that too in companyrse of a sudden quarrel.
About one week before the occurrence Darshan Singh was irrigating his land with canal water.
He took into possession five companyies of sale deeds produced by Kabul Singh vide memo Ex.
The trial companyrt placed reliance on the evidence of PW 4, the companyplainant, PW 5 who claimed to be an eye witness to hold the accused persons guilty.
On 2.5.1994, the Investigating Officer went to the scene of occurrence and prepared rough site plan Ex.
The statement Ex.
S C tissue was lacerated and there was extradural and sub dural haematoma present.
Bakhshish Singh and Balbir Singh took Mangal Singh in their grip and threw him on the ground while accused Balraj Singh at the instigation of his mother Gurmeet kaur inflicted a Chhavi blow on the head of Mangal Singh and it is only when the close relations of the deceased prayed for sparing the life of Mangal Singh, the accused persons ran away from the scene of occurrence.
After companypletion of investigation, charge sheet was filed and since the accused persons pleaded innocence, trial was held.
So far as Gurmeet is companycerned it is stated that she is stated to have only raised a lalkara and that so far as accused Bakhshish and Balbir are companycerned they are supposed to have held the accused in their grip while accused Balraj inflicted a single blow.
The land of Darshan Singh is also located nearby.
Brain tissue underlying was lacerated.
P1 which was taken into possession vide memo Ex.
Left to the mid line.
In support of the appeal learned companynsel for the appellant submitted that the High Court ought to have held that Section 34 has full application to the facts of the case.
Accused Gurmeet Kaur was also arrested.
P.C. is the companyy of the post mortem report.
PJ/2 was recorded at 7.55/8.55 P.M. on 1.5.1994.
Thereafter SI Jarnail Singh PW8 went to Civil Hospital, Pathankot and prepared inquest report Ex.
The dead body was brought to Civil Hospital, Pathankot.
So, it was in this wake that on 1.5.1994, around 9.00 A.M. while Kabul Singh PW4 and his nephew deceased Mangal Singh were returning from the fields along with Swinder Kaur PW5 , mother of Mangal Singh, the accused persons, namely, Bakhshish Singh and Balbir Singh armed with a dang each, Balraj Singh armed with Chhavi were found standing on the pucca culvert on the metalled road near the house of accused Bakhshish Singh.
Accused Balbir Singh, Bakhshish Singh and Balraj Singh were arrested on 5.5.1994.
PO with marginal numberes.
Accordingly as numbered above Gurmeet, Balbir and Bakhshish were acquitted while the companyviction of Balraj was companyfirmed.
PL and sent the dead body for postmortem.
In the opinion of the doctor, the cause of death was due to the injuries to the vital organ brain caused by injury No.1.
