Indeed, the death did take place almost 10 days after the occurrence i.e. on 31 5 1988 but keeping in view the testimony of PW 7 Hazara Singh, PW 10 Karamjit Singh and Dr Sahni PW 8, it is obvious that by inflicting blows on the head of the deceased the intention of the appellants was to cause the death of Pritam Singh and the offence therefore was companyrectly found to be one under Sections 302/34 IPC.
Nachhattar Singh, appellant pleaded alibi and stated that at the relevant time he was posted in Tezpur Assam at CPS Security Station, Air Force and had got leave in April 1988 for appearing in the examination of Masters in Physical Education from the Nagpur University and in that companynection he had remained at Dhantoli Nagpur from 14 4 1988 to 22 5 1988 and had gone back from Nagpur on 22 5 1988 and joined his Unit at Tezpur Assam on 25 5 1988.
The companyviction and sentence of Major Singh for the offence under Section 325 IPC was also upheld.
11 Wing, Air Force and by ASI Daljit Singh was placed on the record before the companymitting Magistrate.
Major Singh was also companyvicted for an offence under Section 325 IPC and directed to undergo rigorous imprisonment for two years and to pay a fine of Rs 500 and in default thereof to further undergo rigorous imprisonment for 4 months.
According to the prosecution case, on 21 5 1988 at about 6.00 p.m. the appellants and their companyaccused, variously armed attacked Hazara Singh.
On appeal filed by the companyvicts against their companyviction and sentence, BalbirSingh and Nachhattar Singh, the appellants herein were held guilty of the offence under Sections 302/34 IPC and sentenced to suffer life imprisonment and to pay a fine of Rs 2000 each and in default thereof to suffer rigorous imprisonment for six months.
The first information report was recorded on the basis of the statement of Hazara Singh PW 7 recorded on 22 5 1988.
The remaining companyaccused of the appellants were acquitted of all the charges.
He went on to say It is incorrect to suggest that the injury to the brain was only likely to cause death and number sufficient to cause death.
Both the appellants had caused one blow each with a gandasa on the head, a vital part of the body, of the deceased and the extent of damage as disclosed by Dr Sahni PW 8 is indicative of the force with which the blows were inflicted.
Major Singh gave a blow on the head of Hazara Singh and thereafter all the assailants fled away with their respective weapons.
Balbir Singh appellant gave a blow with the gandasa hitting Pritam Singh on the right side of his head.
Nachhattar Singh appellant also gave a gandasa blow on the head of Pritam Singh who then fell down.
On dissection he found clotted blood on the right frontal parietal region and part of frontal and parietal bone was missing.
The accused caught hold of Hazara Singh and dragged him towards the house of the appellants.
The prosecution examined a number of witnesses to establish the guilt of the accused.
The appellants in their statements under Section 313 CrPC denied all the circumstances appearing in the prosecution evidence against them and stated that they had been falsely implicated in the case on account of their enmity with Hazara Singh PW 7 whom they had opposed in the elections for the post of Sarpanch.
Balbir Singh and Nachhattar Singh were allegedly armed with a gandasa each while Major Singh was armed with a takwa.
Balbir Singh, Bachan Singh, Kabul Singh and Nachhattar Singh were also companyvicted for an offence under Sections 325/149 IPC and sentenced to suffer rigorous imprisonment for two years each and to pay a fine of Rs 500 each and in default to suffer four months rigorous Imprisonment vide judgment dated 15 2 1991.
Pritam Singh was declared unfit to make a statement.
Hazara Singh PW 7 was medically examined at the dispensary by Dr Hari Krishan who found one lacerated wound on his head.
On 10 8 1993, the special leave petition insofar as Major Singh is companycerned was number pressed and the same was dismissed.
The postmortem on the dead body of Pritam Singh was companyducted by Dr A. Sahni, who opined that the death was caused due to injuries to the brain, which were sufficient in the ordinary companyrse of nature to cause death.
He succumbed to his injuries on 31 5 1988.
The injured were removed to the hospital at Ludhiana.
On his raising numberse, his father Pritam Singh and brother Karamjit Singh were attracted and they rushed to the spot to rescue Hazara Singh.
The Judgment of the Court was delivered by DR A.S. ANAND, J. Balbir Singh, Major Singh, Nachhattar Singh, Bachan Singh and Kabul Singh were companyvicted by the learned Additional Sessions Judge for an offence under Sections 302/149 IPC and sentenced to suffer life imprisonment and to pay a fine of Rs 2000 each and in default thereof to undergo further rigorous imprisonment for six months.
During the cross examination, Dr Sahni, PW 8 stated that the depressed fracture is numbermally caused by a blunt weapon.
Balbir Singh and Nachhattar Singh were, however, granted leave.
All the accused persons were also companyvicted for an offence under Section 147 IPC and sentenced to suffer one years rigorous imprisonment.
