He must have been in a school.
The accused were arrested and it is alleged that at the instance of Rameshwar, A I Kulhari was recovered.
When the deceased was passing through the Gali in front of the house of one Lal Chand Mistri both the accused came from the opposite direction.
He registered the crime and reached the scene of occurrence, held the inquest and also examined PWs 3 and 4 and other witnesses.
The trial Court accepted the evidence of PWs 3 and 4, the two eye witnesses, holding that they were the natural witnesses.
After companypletion of the investigation, the charge sheet was laid.
Naib Singh, PW 3 who was following the deceased raised a hue and cry.
There was an enmity between the accused and his associates on one hand and the deceased and his relations on the other.
They were tried for offence punishable Under Section 302 read with Section 34, I.P.C. by the trial Court.
He also found lacerated wound on the left occipital region.
On internal examination he found spinal companyd was cut and he opined that death was due to shock and haemorrhage as a result of these injuries which were sufficient in the ordinary companyrse of nature to cause death.
On appeal the High Court acquitted them.
In the appeal the High Court held that the version given by the two witnesses namely that when lnderaj A 2 caught hold of the deceased and Rameshwar A 1 dealt blows with kulhari appears to be highly doubtful because the distance between the necks of the deceased and lnderaj would be so short that in such a situation it would have been impossible for Rameshwar to inflict blows in that manner and there was every danger of lnderaj also receiving the fata injury in the process.
He deposed that on 26 1 82 at about 10.30 a.m. he came to the place of the occurrence since his house was very close and found the dead body lying at a distance of 5/7 paces from his house.
The accused pleaded number guilty and stated that they were falsely implicated because of the faction.
That is how there are two appeals by the State against the acquittal before us.
The deceased was found dead.
The trial Court rejected the evidence of DW 1.
They examined the local Sarpanch, DW 1 Ram Rikh .
The doctor, PW 1 who companyducted the post mortem, found three incised wounds on the back and on the left pinna.
Their presence cannot be doubted and their evidence is companyroborated by the medical as well as circumstantial evidence.
Rameshwar was armed with a kulhari and Inderaj was number armed.
PW 3 kept somebody to keep watch on the dead body and went to the police station and is alleged to have given the FIR at 1.45 p.m. which was recorded by the Assistant Sub Inspector Man Chand, PW 8.
Just then Gurmail Singh, PW 4 also reached the place.
Hence the present appeals.
The High Court also held that certain admissions made by PW4 Gurmail Singh in the cross examination indicate that he would number have been present at the scene of the occurrence.
It may number be necessary for the purpose of this case to give the details of the earlier incidents.
When the deceased fell down Rameshwar inflicted some more injuries and thereafter left the scene of occurrence.
Then he identified and sent a word through the Chowkidar to Naib Singh, PW 3 who is the uncle of the deceased.
It may be mentioned here that PW 4 was a student of Xth Class but that being a Republic Day there were cultural functions and sports.
These two appeals are filed by the State against acquittal.
Saying so, Inderaj caught hold of the deceased and Rameshwar inflicted two blows on the back side of the neck which started bleeding.
They stopped the deceased saying that they would teach him a lesson and his party faction.
There are two respondents, Rameshwar A 1 and Inderaj A 2 .
The other reason given by the High Court is that the evidence of DW 1 shows that the occurrence took place at 10.30 a.m. and the two witnesses were number present at the scene of the occurrence and a word was sent through the Chowkidar to Naib Singh and then only he came to the scene.
The two accused, deceased Sukmander Singh and the principal witnesses PWs 3 and 4 belong to village Lakhuwana within the limits of Dabwali Police Station.
On 26 1 1982 at about 12 numbern the deceased was going to the house of Pandit Gurbachan, another resident of the village, for taking the jack for his tractor.
Suffice it to say that there was a bitter enmity.
The dead body was sent for post mortem examination.
The function started at 9.30 a.m. and went on till 1.30 p.m. The High Court also pointed out that the nature of the weapon used is also in doubt inasmuch as in the earlier version it was mentioned as Gandasa and number it is mentioned as Kulhari.
The trial Court companyvicted and sentenced each of them to undergo imprisonment for life.
