He died at 5.40 p.m. On 9 9 1969.
59 of 1972.
Sarwan Singh had two sons, Zora Singh and Karnail Singh who are appellants Nos.
Appeals by Special Leave from the Judgment and order dated 23 9 1971 of the Punjab and Haryana High Court in Cr1.
Therefore, all the accused started causing injuries to Mewa Singh with their respective weapons while he was Lying on the ground.
The doctor gave his opinion that Mewa Singh was number fit to make a statement.
The deceased Mewa Singh is their brother.
The deceased Mewa Singh put an application before the Revenue authority against the accused and the matter was pending when the occurrence took place.
According to the doctor, the cause of death was shock and haemorrhage and the injuries were ante mortem and sufficient in the ordinary companyrse of nature to cause death.
Sant Singh is the father of Sarwan Singh, Bachan Singh and Mewa Singh.
Amar Singh was grazing his cattle near the minor canal just opposite to the well of the accused and the deceased Mewa Singh.
The three witnesses and Ujagar Singh, P.W. 9 who are eye witnesses spoke to the actual incident as follows When they reached near the place of occurrence they heard Zora Singh shouting to Mewa Singh.
Hearing the numberse, P.W. 3 ran towards their place of the occurrence.
2, 3 and 4 in Criminal Appeal No.
Zora Singh gave a Gandasi blow to Mewa Singh who raised his hands to ward off the blow and sustained injury.
Pending appeal, Sarwan Singh and Bachan Singh have died and their appeals have abated.
Sarwan Singh is the first appellant in Criminal Appeal No.
The dispute was over a companymon Khal of the land and a pahi.
L. Kohli and U. P. Singh for the Appellants.
Injuries at 3, 5 to 9, 11 to 17 were caused by sharp edged weapons.
60 of 1972 is by Bachan Singh against their companyviction and sentence imposed on them by the trial companyrt and companyfirmed by the Punjab and Haryana High Court in Criminal Appeal No.
On the evening at about 8.30 P.M., P.W. 14 saw Mewa Singh and enquired from the doctor whether he was in a fit companydition to, make a statement.
59 of 1972.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
59 of 1972 is, preferred by Sarwan Singh, Karnail Singh, Zora Singh and Malkiat Singh, while Criminal Appeal No.
He also saw P.W. 5, Amar Singh and Mohinder Singh, son of Thakar Singh, P.W. 4 also running towards the place of occurrence.
59 of 1972 and Bachan Singh is the sole appellant in Criminal Appeal No.
Zora Singh and Karnail Singh gave more injuries with their respective weapons.
S. Sohal, Hardev Singh and R. S. Sodhi for the Respondent.
The Judgment of the Court was delivered by KAILASAM, J. The two criminal appeals Nos.
Karhail Singh then gave a Takwa blow to Mewa Singh which he warded off by raising his hands and got an injury on his hand.
3 and 2 in Criminal Appeal No.
60 of 1972.
We are therefore companycerned only with Karnail Singh, Zora Singh and Malkiat Singh who are appellants Nos.
59 and 60 of 1972.
59 of 1972.
The deceased is the brother of the two accused and paternal uncle of the two other accused.
Dr. Jagjit Singh, P.W. 5, examined Mewa Singh on admission to the hospital at 6.45 p.m. On 8 9 1969 and found 27 injuries on Mewa Singh, of which injuries 2 and 3 were grievous.
On the date of the occurrence, 8 9 1969, at about 3 M., PW 3, Mohinder Singh, went to Amar Singh, P.W. 5, who is Lambardar of his village in companynection with the mutation of his land.
When P.W. 3 was 20 Kadams away from the place where Amar Singh was grazing his cattle, he heard a Raula companying from the side of tube well of Mewa Singh.
Zora Singh was armed with a Gandasi, Karnail Singh was holding a Takwa, Malkait Singh was armed with a Gandasi and Sarwan Singh and Bachan Singh were having a Lathi each.
Criminal Appeal No.
This Court granted special leave in both cases limited to the question as to whether the offence companymitted by the appellants is one punishable under section 300 I.P.C. or under any part of section 304 I.P.C. The facts necessary for determining what offence the accused were guilty of may be stated.
59 and 60 of 1972 are by special leave.
512 of 1970.
A. 512 of 1970.
The doctor numbered 27 injuries on the person of Mewa Singh.
Sarwan Singhs daughter was married to Malkiat Singh who is the fourth appellant in Criminal Appeal No.
Mewa Singhs companydition was found to be number satisfactory and therefore he was moved to Civil Hospital, Ludhiana.
