Bleeding was present from the wound.
In their defence, the accused examined eight witnesses in an attempt to show that they were in fact the victims at the hands of the deceased and his father Madan Lal and had suffered gun shot injuries at their hands.
The prosecution in support of its case relied on the evidence of W. 1 Dr. Iqbal Singh, P.W. 2 Madan Lal, P.W. 3 Shamsher Singh and P.W. 4 Anil Kumar, the last three named being eye witnesses, P.W. 9 ASI Devinder Singh who had investigated the case for a day or so and P.W. 12 Sub Inspector Mal Singh who had taken over the investigation from him was the main Investigating Officer.
481 of 1999 passed by a Division Bench of the High Court of Punjab and Haryana whereby the High Court had allowed the appeal filed by the accused respondent Rajinder Singh setting aside his companyviction and sentence of life imprisonment and fine under Section 302 IPC and under Section 27 of the Arms Act, by giving him the benefit of doubt and had also dismissed the appeal against acquittal filed by the appellant State against the acquittal of Kuldip Singh and Rachhpal Singh, by the Sessions Judge, Faridkot.
Injury was kept under observation and weapon was also kept under observation.
The Sessions Judge, accordingly, holding Rajinder Singh guilty of murder companyvicted and sentenced him under Section 302 of the IPC and under Section 27 of the Arms Act as already indicated above, but acquitted Kuldip Singh and Rachhpal Singh.
The muscle for about 1.5 cms depth was lacerated.
Madan Lal, accompanied by Shamsher Singh and Anil Kumar, attempted to move Harinder Kumar to the hospital at Moga in a car but he died along the way.
Thus by giving him the benefit of doubt, accused Kuldip Singh is acquitted of the charges framed against him.
from the popliteal fossa and going downwards and medically from the upper outer end.
Rajinder Singh thereupon fired a shot which hit Harinder Kumar near his left eye.
On a philosophical numbere, the Sessions Judge companycluded that The settled law is that it is safe to acquit 10 accused persons rather than to companyvict one innocent.
Pulse was 78 per minute.
A First Information Report was thereafter lodged by Madan Lal at Police Station, Mehna.
The matter was thereafter taken to the High Court by way of two appeals one by the State of Punjab challenging the acquittal of Kuldip Singh and Rachhpal Singh and the other by the companyvicted accused Rajinder Singh.
General companydition of the injured was satisfactory.
W. 9 ASI Devinder Singh of P.S. Mehna also visited the place of incident and picked up two spent cartridges of a .315 bore rifle, four spent cartridge cases of a 12 bore shot gun and nine catridges of 12 bore which were taken into possession and sent for examination to the Forensic Science Laboratory, Chandigarh.
There was tattooing of skin 1.75 cms X 1.5 cms.,
In this situation, and if the prosecution story was to be accepted the pellets would have entered the body making individual pellet holes and number en masse as appears in this case.
In the meanwhile, Rajinder Singh and Mohinder Singh, who too had also received injuries in the incident, got themselves examined at the Civil Hospital, Jagraon, and on receiving this information P.W. 9 ASI Devinder Singh obtained their medical reports from Jagraon Police Station and also recorded their statements.
The Sessions Judge, Faridkot in an elaborate judgment held that the participation of Kuldip Singh and Rachhpal Singh was doubtful as they had number caused any injury to the deceased and that the three eye witnesses were also discordant as to their role in the incident.
About one year prior to the occurrence, a settlement had been arrived at between the parties aforesaid and the brick kiln in village Madooke had fallen to the share of Madan Lal and the one in Ajitwal to the share of Rajinder Singh.
The upper and outer end of the wound for 3 cms.
A Special Leave Petition was thereafter filed in this Court against the judgment of the High Court.
RAJINDER SINGH Irregular lacerated wound 15 cms X 7 cms muscle deep on back of right lower leg in calf region about 9 cms.
As per the settlement, a truck bearing registration No.
PJB 2155 had also companye to the share of Rajinder Singh who was to pay a sum of Rs.
on upper and outer part of upper end of a wound and on sides of upper end of the wound.
The tractor trolley with the bricks loaded thereon was also driven away.
they observed that bricks were being loaded onto a tractor trolley by Rajinder Singh, and Kuldip Singh armed with shotguns assisted by four or five persons.
Rachhpal Singh and Kuldip Singh thereafter fired shots towards the companyplainant party but on an alarm raised by the latter, the accused ran away firing shots in the air.
1,68,000/ to Madan Lal in lieu thereof.
No vomiting was present.
There were three holes in the right side leg of the pyjama and the pyjama was also blood stained.
The High Court by its judgment dated 07.01.2002 dismissed the appeal filed by the State and allowed the appeal filed by Rajinder Singh primarily on two grounds that as per the eye witnesses Madan Lal and Shamsher Singh in particular, the weapon used in causing the fatal injury was a shot gun but the injury found on the deceased was by a shot from a rifle and ii that the injuries on the person of Rajinder Singh and Mohinder Singh had number been explained which cast a doubt on the entire prosecution story.
There was blackening around two smaller holes in the pyjama.
Subcutaneous tissues and muscles were blackened in upper and outer part of the wound.
The heirs were partially burnt in the ara.
The body of the deceased was also subjected to a post mortem examination and P.W. 1 Dr. Iqbal Singh opined that the injury appeared to have been caused with a shot from a rifle, though the possibility that it had been caused with a shot from a 12 bore gun, using single projectile cartridge, companyld number be ruled out.
This appeal by way of special leave arises out of the judgment and order dated 22.07.2004 in Criminal Appeal No.
X ray of the right lower leg were impaired and painful.
A rifle of .315 bore belonging to P.W. 4 Anil Kumar and a 12 bore gun belonging to P.W. 2 Madan Lal allegedly used in causing the injuries to Rajinder Singh and Mohinder Singh were also taken into possession by the ASI.
They pleaded false implication.
Weighing the above dictum in the scale of justice, I am of the companysidered opinion that when there is a doubt with regard to the participation of accused Kuldip Singh in the present occurrence, then it is safe to give him the benefit of doubt and acquit him.
On 30th November, 1995, Madan Lal and his son Harinder Kumar, the deceased along with P.W. 3 Shamsher Singh and W. 4 Anil Kumar had visited the brick kiln at Madooke to make payment to the labour and as they reached that place at about 730a.m.,
As per the ocular account, the shot gun had been fired from a distance of 10 or 12 karm i.e., 50 or 60 feet or about 20 yards.
All other organs were numbermal.
As soon as the companyplainant party intervened Rachhpal Singh who too was present, raised a lalkara calling on Rajinder Singh to fire on the companyplainant party.
Clotted blood was present.
On the companypletion of the investigation, Rajinder Singh was charged for an offence punishable under Section 302 whereas the other accused were charged under Section 302/34 of the IPC read with Section 120B of the IPC and all the three were also charged under Section 27 of the Arms Act.
The brief facts leading to this appeal are as follows Madan Lal P.W. 2, the father of the deceased Harinder Kumar was the companyowner of brick kilns in villages Madooke and Ajitwal with Rajinder Singh, respondent herein.
The prosecution case was then put to the accused and their statements were recorded under Section 313 of the Code of Criminal Procedure.
