On getting that information W.G. summoned Head Constable Balbir Singh the deceased , who was then on duty at the nearby Fountain Chowk, and both of them went inside the hall and brought all the six accused out the two Head Constables then took them to task for their misbehavior.
P G 4869 which was parked outside the main gate of the Cinema hall and brought out a wooden balli Ext.
I am innocent.
The High Court companycurred with all the finding of the trial Court so far as they pointed to the guilt of the appellants.
On companypletion of investigation he submitted charge sheet against the accused persons.
On exploration, the wound was lacerated and was bone deep.
At the time of their apprehension the two in the meanwhile a minor injuries in the scuffle.
On receipt of a radio message at or about 6.45 P.M., inspector Raghbir Sahal P.W.11 , who was then on patrol duty, reached the scene of occurrence where the two appellants were produced before him P.W. 11 recorded the statement of P.W.6 and forwarded the some to the police station for registration of a case.
P.W.11 also got the two appellants medically examined for the injuries found on their persons.
In the meanwhile a police flying jeep arrived there in which H.C. Dalbir Singh, who was seriously injured, was shifted to Civil Hospital, Yamuna Nagar.
Shorn of details the prosecution case is as under On March 12, 1990, Ghansham Dasa P.W.7 , a resident of Ambala Cantonment, had companye to Yamuna Nagar to meet his in laws.
A term of decision including Dr. Akhilesh Narain W.1 held autopsy upon the dead body of H.C. Balbir Singh and found the following A stitched wound 1.1/2 long was present on left side of skull on temporal region one inch below the parietal predominance.
The other persons who were seeing the movie began to in and out of the hall.
The trial Court found P.W.8 trustworthy and as, according to it, his evidence stood companyroborated by the evidence of Som Nath W.6 and Ghansham Dass P.W.7 , the medical evidence and the recovery of the balli at the place of occurrence, accepted the case of the prosecution in preference to that of the defence.
However, P.W.6 along with W.8 and Mahesh Kumar, booking clerk of the Cinema, succeeded in apprehending both the appellants while the other accused persons managed to flee away.
The respondent to such advice for the time being but after the interval again started cutting jokes with those ladies.
P1/A from its tool box, Roshan Lal, the other appellant, then snatched that balli from Bhupinder Singh and inflicted a blow with the same on the head of H.C. Balbir Singh, while some of the other accused persons including Bhupinder Singh, started assaulting H.C. Balbir Singh with kicks and blows.
On further exploration, The doctors opined that the injustice were enter mortem and sufficient to cause death in the ordinary companyrse of nature.
This is a false case and the witnesses are deposing falsely.
Hence this appeal at the instance of the two appellants after obtaining special leave.
He then took up investigation and formally arrested the two appellants and seized the balli Ext.
He also seized some blood stained earth from the spot.
Both of them were infect medically examined by the police in which regard companyies of their MLRs have been proved as PT/1 and PW/1 respectively.
There was a defused swelling, all around the wound in area of 2.1/2.
Somebody out of the public hit Balbir Singh.
To sustain the charges levelled against the appellants the prosecution examined 11 witnesses of whom H.C. Ram Het W.8 detailed the entire prosecution story.
Enraged thereby some of the accrued persons started hurling abuses towards them while others including the two appellants tried to run away.
The Head Constables and the Manager of the Cinema Hall then chased them.
While at the place of occurrence Raghbir Singh got information about the death of C. Dalbir Singh and accordingly he want to the Civil Hospital and after holding inquest upon the dead body of C. Balbir Singh, sent it for post mortem examination.
We were later on implicated falsely in this case.
The wound was having two stitches.
In that afternoon he, along with his two sisters in law and wife of his brother in law has gone to see a movie was being screened the six accused, who were occupying seats in the row behind them, started misbehaving with ladies accompanying P.W.7 Being exasperated P.W.7 approached Som Nath P.W.6 , manager of the Cinema Accompanied by Head Constable HC Ram Het P.W.G. , who was then on duty at that place, P.W.6 went inside the hall and advised the accused to behave properly.
Balbir Singh raised hue and cry, the public objected to it at which Ram Het and Balbir Singh began to beat the public.
Ram Het and Balbir Singh H.C. were also seeing the movie.
P1/A , which was found lying there, and the torn shirt of H.C. Ram was found lying there, and the torn shirt of H.C. Ram Het.
The trial ended in companyvictions of the appellant Roshan Lal under Sections 302 and 332/34 IPC, the appellant Bhupinder Singh and two others under Sections 302/34 and 332/34 IPC and acquittal of the four companyvictions of the two appellants but acquitted the others.
K. MUKHERJEE, J. Bhupinder Singh and Roshan Lal, the two appellants before us, and four others were tried by the Additional Sessions Judge, Yamuna Nagar for offences punishable under Sections 148, 302/149, 332/189 and 506/149 PC.
While being so chased the appellant Bhupinder Singh jumped into a tanker lorry bearing registration No.
The appellants pleaded number guilty to the charges levelled against them and in his statement recorded under Section 313 Dr. P.C. appellant Roshan Lal stated as under and Bhupinder Sing were seeing the movie and in the meantime light went off and there was some companyfusion.
