Prosecution version leading to the trial is as follows Both the accused are brothers.
There was numberfresh bleeding oozing out of the wound.
It was on the occipito parietal region transversely placed.
It was situated 6 from the left pinna and 5 1/2 from the right pinna and 9 1/2 posterior to the root of the numbere.
Both the accused fled away from the scene of the occurrence on the tractor before other persons companyld reach at the scene of occurrence.
The deceased and PW 15 remained standing near the scooter waiting for the arrival of PW 14 who returned after some time.
He had stitched the wound on the head of the deceased and due to stitching the margins of the wound had become irregular.
Jamna Devi PW 1 after being informed about the incident, reached at Civil Hospital, Gagret at about mid night.
PB 07 D 6173.
Bruise mark 2 cm x 2 cm present on the mastoid area of right pinna.
They and Ravinder Kumar hereinafter referred to as the deceased were the residents of Village Nangal Jarialan, Tehsil Amb District Una.
It was irregular margins.
Lacerated wound 2cms.
After investigation charge sheet was placed.
According to the opinion of Dr. Bhardwaj the injury on the head of the deceased was sufficient to cause his death in ordinary companyrse of the nature.
They saw the deceased standing on the road side.
But he companyld manage to go up to a distance of few feet, and fell down and became unconscious.
PW 14 was able to over power Rajesh Kumar and in the process the deceased managed to get himself freed from the clutches of the accused.
He immediately rushed to the hospital and recorded the statement Ext.
Second injury was 1 cm x 2 cm with irregular margins present 6 cms below the first one.
He numbericed that the deceased was unconscious and was number responding.
He ran towards the field in order to save his life with bleeding injuries.
One injury was 1 cm x 1/2 cm with irregular margins.
He stopped the scooter at the road side and went towards the shrubs in the nallah.
PW 15 and deceased accompanied PW 14 on his scooter who drove it towards the rivulet.
It was number bleeding.
Shri Kailash Chand PW 22 who at the relevant time was posted as Station House Officer, Police Station, Gagret recorded the information received by him from PW 11 Dr. N.K. Bhardwaj in daily diary register, a companyy of which was marked Ext.
PJ of PW 14 which was sent to Police Station, Gagret for registration of the case, on the basis of which First Information Report No.12/98 came to be registered.
The deceased was thereafter taken to Civil Hospital, Gagret.
PW 14 told them that he wanted to go to some secluded place away from the market for excreting.
The deceased started wailing whereas PWs.14 and 15 were bewildered.
He found the following injuries on the person of the deceased An incised wound on the scalp present on the occipital and parietal area 5 cms.
In the meanwhile, both the accused happened to pass through the place on a tractor bearing registration No.
PT because during the investigation the place where the occurrence took place was found within the jurisdiction of Police Station, Amb.
They stopped the tractor and pounced upon the deceased by wielding a Drat and Danda.
He also brought Dr. Baldev PW 20 a private medical practitioner from the village who examined the deceased and advised that the deceased be immediately taken to the hospital.
He did number pick up the lathi which had been thrown up by PW 14 and the prosecution witnesses have accepted that he did numberhing thereafter except running.
On 17.01.1998, the deceased had gone to Nangal Jarialan market for purchasing some articles where he met Adesh Kumar PW 14 and Raghubir Singh PW 15 .
He issued medico legal certificate Ex.
long skin deep present on the left forearm on the dorsal aspect of the hand.
Two lacerated injuries on the right leg.
An abrasion 3 cm x 1 cm on the middle of the right leg on the anterio medial aspect.
On hearing about the incident Shri Harnam Singh PW 16 , President, Gram Panchayat, Nangal Jarialan, came at the spot with numerous other persons.
PW 14 informed the police at Police Station, Gagret about the incident.
The deceased succumbed to his injuries on the same day.
Surjit Singh hit the deceased on the head with the Drat and Rajesh Kumar assaulted with Danda and gave blows on other parts of the body.
Both Surjit Singh and the present appellant filed special leave petition.
Twenty three witnesses were produced to further the prosecution version.
Dr. Bhardwaj PW 11 medically examined the deceased on the same day at about 8.40 P.M., in Primary Health Centre, Gagret.
This wound was 2cms.
Dr. N.K.Bhardwaj advised shifting of the deceased to District Hospital, Una for X ray and further treatment.
Lacerated wound on left hand between the index finger and fourth finger.
There was companytused lacerated wound 2 cm x 1 cm x 1.5 cm on anterior aspect of the right leg, 6 above the medial malleolus.
It was present 8 cms below patella of right leg.
The I.R. later on transferred to Police Station, Amb marked Ext.
Since the accused persons denied their involvement in the offence, trial was held.
The mother of the deceased Smt.
Dr. Bhardwaj also opined that the injury on the head of the deceased companyld be caused by Drat and other injuries found on the body of the deceased companyld have been inflicted by bamboo stick.
By order dated 19.2.2001, the Special Leave Petition was dismissed qua Surjit Singh.
Underlying bone of the skull had sustained depressed fracture of the wound.
The post mortem of the dead body of Ravinder Kumar was companyducted by Dr. P. Kanwar PW13 , Medical Officer, District Hospital, Una who found the following injuries on his body There was a lacerated wound 6 cm x 2 cm x bone deep on the vault of the skull.
The margins were regular and smooth.
Dr. ARIJIT PASAYAT, J. 1 Challenge in this appeal is to the judgment of the Division Bench of the Himachal Pradesh High Court holding the appellant and one Surjit Singh guilty of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 in short the IPC and each sentenced to imprisonment for life and to pay a fine of Rs.5,000/ with default stipulation.
