He opined that the death was the direct result of the gun shot injuries and in giving the above opinion refuted the defence suggestion that the immediate cause of the death was infections developed during surgery.
Charan Singh and Bant Singh had Gandasas and the other four lathis.
Over this issue a quarrel ensured between Faquira and Nachhatar Singh in companyrse of which the informant Naurang Singh and this son Nirmali Singh P.W. 14 came out of their house.
J. These two appeals have been heard together as they stem from a companymon judgment rendered by the Additional Judge.
On January 11, 1987, Sub Inspector Om Prakash received a report that Swaran Singh has succumbed to this injuries and on receipt of the same he went to the hospital and after holding inquest on his body sent it for postmortem examination.
In cross examination, P.W. 8 stated that Swaran Singh remained under his treatment upto 7.40 A.M. on December 27, 1986 after which he was shifted to surgical ward.
Dr. N.P. Jindal W. 8 Medical Officer of Civil Hospital, Ambala City, testified that on December 26, 1986 at 11.50 P.M. he examined Swaran Singh and found multiple pellet injuries in and around his abdomen and those injuries were fresh and bleeding.
P.W. 8 further testified that thereafter he examined Naurang Singh and found one lacerated wound on his left parietal region and one abrasion on the right forearm.
Since from the evidence of the doctor, it is manifest that Swaran Singh met with his death due to gunshot injuries sustained on December 26, 1986 and that on the same day.
To answer this question we may profitably look to the medical evidence on record.
The evidence of P.W. 1 reveals that some pellets were recovered from the dead body which were put in a bottle duly sealed and sent for F.S.L examination.
On the above statements of Naurang Singh a case was registered against the above eight accused persons and Sub Inspector Om Prakash took up investigation.
On companysideration of the evidence adduced, the Designated Court companyvicted all the eight accused persons under Section 148 IPC and 323/149 IPC accused Gulab Singh under Section 302 IPC and Section 27 of the Arms Act read with Section 6 of the Terrorist and Disruptive Activities Prevention Act, 1985 TADA accused Shamsher Singh under Section 307 IPC and Section 27 of the Arms Act read with Section 6 of the TADA seven accused except Gulab Singh under Section 302/149 IPC, and seven accused except Shamsher Singh under Section 307/149 IPC.
Then Gulab Singh fired a shot which hit Swaran Singh and felled him down.
Nachhatar Singh then left the place saying that he would teach Gurdev Singh a lesson for exploiting his authority as the Sarpanch.
He seized some blood stained earth and two pieces of wad from near the house of Naurang Singh and also prepared a site plan.
Swaran Singh the deceased and his brother Gian Singh, sons of Gurdev Singh reached there.
In companyrse of investigation, he arrested the accused persons and seized the licenced DBBL gun of accused Shamsher Singh and two cartridge.
The testimonies of Dr. Subhas Goel P.W. 3 and Dr. D. Kakkar PW 7 reveal that Swaran Singh was X rayed on the same day and the skiagrams showed multiple radio opaque shadows of metallic density in the abdominal area.
Karnal at Ambala in Sessions Trial No.
On being so assaulted, informant raised an alarm and hearing the same.
The only other witness examined by the prosecution in this regard was Dr. Vinay Goel P.W. 1 who companyducted the autopsy on the dead body of Swaran Singh on January 12, 1987.
All the miscreants then ran away with their respective weapons.
Similar blow was also given by Nachhatar Singh.
231 of 1988 while the other appeal has been preferred by Gian Singh P.W. 16 the brother of deceased Swaran Singh for enhancing the sentences imposed upon them.
The accused persons pleaded numberguilty to the charges levelled against them and companytended that they had been implicated falsely.
237 OF 1988 J U D G M E N T Mukherjee.
Seeing them Shamsher Singh fired a shot which, however did number hit anybody.
In support of its case, the prosecution examined twenty witnesses but the defence did number examine any.
In the companytext of the case made out by the prosecution the first question that falls for our companysideration in these appeals is whether it has been able to companyclusively prove that Swaran Singh met with his death owing to gun shot injuries and Naurang Singh sustained injuries owing to assault by lathis.
The informant and Swaran Singh were then taken to the hospital where the State House Officer came on receipt of a ruqa fro the doctor.
Fact leading to these appeals and relevant for their disposal are as under 2 a On December 27, 1986 at or about 3.00 A.M. Naurang Singh a resident of Village Manakpur lodged an F.I.R. with Om Prakash PW 19 the then Station House Officer of Ambala Sadar Police Station, at Civil Hospital, Ambala, wherein he state inter alia, that to keep a vigil over the electric lines of their village, Gurdev Singh P.W. 10 the Sarpanch used to deploy some villagers every night.
P C 4 and then went to the site of the incident.
Gurdev had sent Faquira P.W. 15 Chowkidar of the village to inform Harbhajan Singh and Gurnam Singh, tow of the villagers that they would have to perform the above duty in that night Accordingly, Faquira went to the house of harbhajan Singh at or about 8.30 P.M. and having found his nephew Nachhatar Singh present there apprised him of the direction of Gurdev Singh.
In the previous evening .
Saudagar Singh Ors.
He first arranged to get the dying declaration of Swaran Singh recorded by Shri R.K. Garg P.W. 2 an Executive Magistrate Exht.
52 of 1987.
On receipt of the report of F.S.L. and after companypletion of investigation police submitted charge sheet against the eight accused persons and in due companyrse, their case was companymitted to the companyrt of sessions.
Naurang Singh also sustained some injuries which companyld be caused by lathi, we proceed to companysider whether they are the outcome of the incident as narrated by the prosecution.
From the evidence of Dr. S.P. Shenoy P.W. 7 we get that on January 2, 1987 Swaran Singh was operated upon by him for gun shot injuries on his abdomen but despite all efforts he succumbed to those injuries on January 11, 1987.
Nachhatar Singh, however refused to companyply with such direction.
On perusal of his evidence, we find that his objective findings regarding injuries and his opinion as to the cause of the death are in companyformity with those of the other doctors whose evidence we have discussed earlier.
While Gulab Singh and Shamsher Singh had guns with them.
When the informant along with his son Nirmail Singh and Faquira was about to leave the place to call Gurdev Singh Saudagar Singh gave a lathi blow on his informants head.
V. State of Haryana WITH CRIMINAL APPEAL NO.
Assailing their companyvictions the eight accused have filed one of these two appeals Criminal Appeal No.
Sometimes thereafter, Gulab Singh, Kulwant Singh, Jaswant Singh Bant Singh and Saudagar Singh, all sons of Amar Singh, Shamsher Singh and Baldev Singh sons of Sadhu Singh, Charan Singh son of Raunaq Singh and Nachhatar Singh, son of Gurnam Singh, came there fully armed.
According to the doctor the injuries found on the person of Naurang Singh companyld have been caused by lathi.
Designated Court.
Faquira P.W. 15 and Gian Singh P.W. 16 are the two witness who were examined by the prosecution to give an ocular version of the incident.
Besides, it pressed into service the dying declaration of Swaran Singh Exhibit P C 4 , as recorded by Shri R.K. Garg P.W. 2 Executive Magistrate Ambala.
