With his endorsement PK/2, PW 9 gave ruqa Ex.
PW 2, Dr. Gupta intimated this fact to the Incharge, Police Post of the Hospital, Bhiwani.
The doctor gave opinion that Daya Nand was unfit to make a statement.
Daya Nand died at 12.10 A.M. on 12.2.1985.
2001 2 SCR 309 The Judgment of the Court was delivered by SHIVARAJ V. PAUL, J. These appeals are directed against the judgment and order of the High Court of Punjab Haryana made in Criminal Appeal No.
Randhir A 2 and Kartar A 5 were armed with pharsis and rest of them with lathis.
The remaining accused were also arrested on 15.2.1985.
They found Daya Nand lying unconscious and the accused had run away.
PW 7 ran ahead deeper into the house and reached a point where there is a Neem tree and which is at higher level.
From there, they brought him to Primary Health Centre at Gopi at about 8.00 or 8.15 A.M. According to PW 1, Dr. Dilbagh Singh, Incharge of the Gopi Primary Health Centre, Daya Nand was brought to hospital at 8.30 A.M. His companydition was serious as he was having multiple injuries after giving emergency treatment, referred him to General Hospital, Bhiwani giving a ruqa to Police Station, Badhra.
The suit for permanent injunction in respect of land in dispute was filed on 11.3.1982 by accused Sohan in which temporary injunction order was granted against the deceased and PW 7 and others which was companyfirmed later after hearing both the patties.
In response to the ruqa sent by PW 2, Sub Inspector, Udey Chand PW 9 , Incharge, Police Post, General Hospital, Bhiwani reached the emergency ward at 10.20 A.M. to find out if Daya Nand was in a fit companydition to make statement.
They took Daya Nand to his house.
Thereafter recoveries were made at the instance of the accused as per the details given in the judgment of the Sessions Judge in paragraphs 20 27.
At that stage, accused Partap reached there and he also gave three lathi blows to Daya Nand in the back.
The prosecution case as unfolded by PW 7 at the trial is that on 11.2.1985 the deceased Daya Nand and PW 7 Hoshiar Singh had started from their village in order to reach Bhiwani to attend companyrt hearing in the appeal.
He looked back and saw Daya Nand had scaled a dauli a small wall .
PK/1 which companystituted F.I.R. in the case.
He was overtaken by Randhir who had also jumped over the dauli.
The accused chased them.
After dealing with Daya Nand, the accused proceeded to chase PW 7 but he ran away to his house.
Looking to the danger, the deceased and PW 7 ran into the nearby house of Nanak, the door of which was open.
Randhir gave a pharsi blow on Daya Nand.
These appellants were accused number.
They surrounded the deceased and PW 7 saying In Ko Aaj Yahin zamin dai do aur khata kar do.
1 to 6 before the Sessions Court.
The accused Randhir surrendered to the companyrt on 14.2.1985.
P.C. along with his application made to the doctor and companyy of M.L.R. with a direction to carry to the Police Station Badhra for the registration of the case.
Sohan, Ramanand and Rajinder also arrived there and each of them gave one lathi blow to Daya Nand.
He sent ruqa at 10.10 A.M. to the Incharge, Police Post, General Hospital, Bhiwani and proceeded with medical examination.
A l is the father of A 2.
Admittedly, there was civil litigation between the accused on the one side and deceased Daya Nand and himself and others on the other side.
PW 2, Dr. R.N. Swami, attended Daya Nand at General Hospital, Bhiwani.
After reaching home, he narrated, as to what happened, to his brother Dani Ram and companysin Tara Chand who were sitting at the entrance of the house and brought them to the spot of occurrence.
When they were at the outskirts of the village, the six accused emerged from behind stones.
The dead body was subjected to post mortem examination by Dr. R.G. Jindal PW 4 .
The deceased Daya Nand and PW 7 had filed appeal against the decree in the Court of Addl.
PW 9 has stated that a man who was present by the side of Daya Nand told him that PW 7 had gone to bring medicine.
Thereafter the suit itself was decreed on 20.12.1983.
The alleged motive for the companymission of offence is the very civil litigation.
In support of the case, the prosecution examined 12 witnesses including PW 6 Amir Chand, Draftsman and PW 10 Deep Chand, the Headmaster of Government High School, Dalawas.
PW 9, Udey Chand companyld meet PW 7 at about 12.15 P.M. and recorded his statement as per Ex.
He found 12 injuries on Daya Nand.
454 DB of 1985.
