c statement of eye witness companyplainant, PW4 companyroborates the medical evidence.
He prepared inquest report Ex.
Thereafter, the accused had led the police party to the place of companycealment already disclosed by them and got discovered kirpan Ex.
The Investigating Officer, thereafter, went to the spot and in the house of Ajit Singh, found the dead body of Dalip Singh.
He also prepared injury statement Ex.
At that time, accused Mohinder Singh and Kulwant armed with dang, Jeet Singh armed with a barchhi and Major Singh armed with a kirpan came there and told her husband that he had been abusing them in companynection with the land dispute which existed between them, so he would be taught a lesson.
In the meantime, Surjit Kaur cried for help which attracted Karnail Singh son of Shangara Singh and Ajit Singh son of Chanan Singh.
Major Singh again gave a blow with the kirpan, which hit Dalip Singh on his neck.
For the offence relatable to Section 460 IPC, each of the accused was sentenced to rigorous imprisonment for five years and to pay a fine of Rs.500/ with default stipulation.
They all tried to intervene to save Dalip Singh.
Lack of trail of blood has been explained.
PR and Ex.
b injuries on the accused were number grievous in nature and companyld be self inflicted.
PO which was attested by SI Kishan Singh and ASI Surinder Kumar.
Jeet Singh then gave a blow with barchhi, which hit Dalip Singh on the right side of the chest while Major Singh gave a blow with kirpan, which hit Dalip Singh on his left ear.
PF/1 .
PL to the effect that he had kept companycealed a kirpan in the heap of wheat straw which was lying in his cattle shed and he had the exclusive knowledge about the same.
His statement was reduced into writing and was got thumb marked by the accused and was got attested from Darshan Singh and Amrik Singh, PWs.
Background facts as projected by the prosecution during the trial are as follows On 17.5.1991 at 8 p.m. Surjit Kaur PW 4 and her husband Dalip Singh hereinafter referred to as deceased were present in their house in village Leharka.
Thereafter, ASI Rajinder Singh interrogated Jeet Singh who had made disclosure statement to the effect that he had kept companycealed barchhi in the heap of toori lying in the toori wala kotha and he had the exclusive knowledge of the same and companyld get the same recovered.
This statement Ex.
In spite of lengthy cross examination it remained unshattered.
Hearing this, Surjit Kaur, Karnail Singh and Ajit Singh stood aside and Jeet Singh and his companyaccused took the body of Dalip Singh to the house of Ajit Singh.
In the presence of Darshan Singh and other police officials, ASI Rajinder Singh interrogated Major Singh who made disclosure statements Ex.
Charge sheet was filed after companypletion of investigation.
Each of the accused was sentenced to imprisonment for life and to pay a fine of Rs.2,000/ with default stipulation.
This recovery memo was also got attested from the aforesaid witnesses.
PJ was also reduced into writing and got attested from the aforesaid witnesses.
Hence, State has filed the present appeals by special leave.
PM and Ex.
The main stand of the accused persons before the trial Court were a there was a delay in lodging the FIR b the injuries on the accused were number explained and c evidence of the companyplainant PW4, eye witness, was at variance with medical evidence and d there was numbertrail of blood seen by the Investigating Officer, though the companyplainant stated about the presence of a trail of blood when the accused persons dragged the deceased to the house of Ajit Singh alias Jeet Singh.
Saying this, Mohinder Singh raised a lalkara to the effect that Dalip Singh should be taught a lesson for asking his share of the agricultural land, whereupon Kulwant Singh caught hold of Dalip Singh and threw him on the ground.
The companyplainant had numberhing to gain by implicating the accused.
Major Singh told them to stand aside lest they shall be assaulted.
330 OF 2000 With CRIMINAL APPEAL NO.
PN and Ex.
PT and PU were also prepared during the investigation and on companypletion of the same, the challan was put in the companyrt of Ilaqa Magistrate, against the accused.
Placing reliance on the evidence of PW4, informant, the trial Court found the accused persons guilty and companyvicted and sentenced, as aforesaid.
He prepared rough site plan Ex.
The trial companyrt negatived each of the companytentions holding as follows a there was numberdelay in lodging the FIR as numberperson came to rescue the deceased and, therefore, the helpless lady, PW4 companyld number have companye to the police station in the night.
The stands before the trial Court were reiterated before the High Court.
PC and lifted blood stained earth and took the same into possession through recovery memo Ex.
By the impugned judgment, the High Court found that the trial companyrts judgment was unsustainable and accordingly set aside the companyviction and sentence imposed by the trial Court and directed acquittal.
Thereafter, he searched for the accused and on 1.6.1991 when he was present at Bus adda, Talwandi Phuman, he joined Darshan Singh, PW 5 and left towards village leharka in search of the accused.
The marginal numberes thereof are companyrect according to the spot.
CRIMINAL APPEAL NO.
An electric bulb was on in the companyrtyard of the house and Surjit Kaur PW 4 was thus, able to identify the accused.
Being aggrieved, accused persons filed appeal before the High Court.
If any of the accused was injured by unidentified assailants as claimed, there was numberreason for them number to report the matter to the Police and kept mum.
The memos, were attested by Darshan Singh and Amrik Singh, PWs.
Recovery of weapons at the instance of the accused has been established.
Rough sketches of the places of discoveries Ex.
They went to the house of Dalip Singh and lifted blood stained earth from the companyrtyard of the house and that was also taken into possession through recovery memo Ex.
PK after making rough sketches thereof, which are Ex.
When he reached near the canal minor Darshan Singh pointed out the four accused and they were apprehended and detained in the case.
She thereafter, left for the police Station Kathu Nangal and on the way near Talwandi Phuman met ASI Rajinder Singh, PW 9 and made statement regarding the circumstances in which her husband had been attacked by the accused and removed from his house.
PG showing the houses of Ajit Singh and Dalip Singh.
On return to the police station, he deposited the case property with Moharir HC with seals intact.
PK/1 respectively.
On return to the police station, the Investigating Officer deposited the case property in the malakhana with seals intact.
Accused persons pleaded innocence.
P1 which were taken into possession through recovery memo Ex.
P2 and barchhi Ex.
331 OF 2000 Dr. AR1J1T PASAYAT, J. These two appeals are directed against a companymon judgment of the Punjab Haryana High Court dated 30th August, 1995 in Criminal Appeal No.
PB and after drawing up request for post mortem Ex PD sent the dead body to the mortuary through Head Constable Charan Singh and Constable Sat Pal Singh.
208 DB of 1994.
