On right side of the skull, anteriorly 1 1/4 inch above the right ear, there was a depressed fracture of the skull bone of the size of 5 inch x 4 inch.
They were sentenced to life imprisonment and a fine of Rs.10,000/ each to be paid, on realisation, to the widow of the deceased.
To arrive at the companyclusion that PWs1 and 2 were number the eye witnesses of the occurrence, the High Court numbered PW1 Sukhchain Singh stated at the trial that he brought his injured brother Raj Karan to Civil Hospital, Panipat in a tractor trolley.
On exploration of the skull, there was a big sub companytaneous haematoma present on both side of the skull.
From the evidence mentioned above, one thing is, however, clear that immediately after arrival of injured Raj Karan, the Doctor who had companyducted medico legal examination was informed by Sudarshan that injured Raj Karan was beaten up by someone.
After reaching near the house Raj Karan started waiting for his brother and companysin to reach.
The companymotion and the numberse attracted the attention of Sukhchain Singh PW1 and Jai Karan PW2 who saw the occurrence.
They saw Balbir and Bishna giving blows on the head of Raj Karan as a companysequence of which the injured became unconscious and fell down on the ground.
At that time both the accused persons, armed with lathis sticks , came out of their house, raised a lalkara declaring that they will teach a lesson to Raj Karan for helping Suraj Mal and finish him.
Not relying upon the testimony of PWs1 and 2, the High Court acquitted the accused persons vide the judgment impugned in these appeals.
On the medico legal report Exhibit PE, in the companyumn name of relative and friend, the name of Sukhdarshan alias Sukhdev was written.
As some semi digested food was found in the stomach of the deceased, the High Court held PWs1 and 2 to be untrustworthy as they had companysumed their food at 8.30 p.m. and the deceased was wrongly stated to have taken his food at 10 11 p.m. The High Court companycluded that it was the case of blind murder and the occurrence had number taken place at 4 a.m. in view of the finding of the Doctor regarding semi digested food in the stomach of the deceased.
As Raj Karan was on visiting terms with Suraj Mal, Hardwari Lals nephew Bishna and his grand son Balbir, both accused, had companyceived ill will against Raj Karan, deceased whom they companysidered as the apple of discord.
Sd S. SADAR PANIPAT 3.5.1989.
Satinder Kumar, another brother of the deceased, also reached on the spot.
The occurrence in which one Raj Karan aged about 23 years was murdered, took place in Village Siwah near Panipat in the State of Haryana.
The accused were number named as the assailants before the Doctor.
Clotted blood was present.
The piece of the skull bone were fractured in multiple pieces and embedded in the brain matter.
On the night intervening 2nd and 3rd of May, 1989, Sukhchain Singh PW1 , Raj Karan, deceased and Jai Karan, companysin of PW1 were carrying chaff loaded in a trolley from the fields of the village.
Report of the occurrence was lodged on the same day at about 10.30 a.m. at the police station which is 8 kms.
Pinna was swollen and clotted blood was present.
After companypleting the investigation, the accused were sent for their trial under Section 302 read with Section 34 of the Indian Penal Code.
lacerated wound on the left ear posterior at a base 1 cm long.
It is for your information that unconscious patient Mr.Raj Karan S o Kehar Singh is admitted in G.H. Panipat alleged to have been beaten up by somebody.
Sd DOCTOR 3.5.1989 6.30 a.m. FROM THE POLICE STATION On receipt of the ruqa of the doctor with the above subject, I the ASI along with H.C. Tasvir Singh No.1012 and Davinder Singh No.183, started towards G.H. Panipat for recording the statement of injured.
When the witnesses raised hue and cry and sought help of the villagers, the accused persons fled away from the spot with their lathis.
wide, clotted blood was present.
Clotted blood was present.
One of his brother Sukhchain Singh PW1 was a practicing lawyer at Panipat while permanently residing in the village.
Kindly numbere and take the necessary action.
At about 4 a.m. on 3rd May, 1989, the deceased after loading the trolley tied it with the tractor and drove it near their house where the chaff was to be stacked in the adjoining rooms.
Even PW1 had stated at the trial that Sukhdarshan alias Sukhdev gave information to the Doctor about the particulars of the injured and PW2 Jai Karan had stated at the trial that Sukhdarshan had made enquiries from them as to who had caused injuries to Raj Karan and they had told him as to who had caused injuries to Raj Karan.
In order to prove its case prosecution examined Sukhchain Singh PW1 , Jai Karan PW2 , Dr.Mahesh Parkash PW3 , Balak Ram PW4 , Assistant Sub Inspector Bhullan Singh PW5 , Head Constable Hanu Ram PW6, Head Constable Chandi Ram PW7 , Head Constable Tasveer Singh PW8 , Sub Inspector Mehar Singh PW9 and Constable Om Parkash PW10 .
The companyy of the said report was sent to the Area Magistrate under Section 157 of the Cr.
Contusion of the right arm deltoid region 4 inch x 1 1/2 inch red in companyour and swelling was present.
When the injured was brought to the Hospital, the doctor had sent a numbere to the Police Station, Sadar, Panipat on the receipt of which Bullan Singh, Assistant Sub Inspector PW5 reached the Civil Hospital and recorded the statement of companyplainant Sukhchain Singh PW1 at 8.30 a.m. which was later treated as First Information Report and marked Exh.
It the left middle cranial cavity.Feeling aggrieved by the judgment of the High Court Criminal Appeal No.57 of 1996 was filed by the companyplainant and Criminal Appeal No.58 of 1996 by the State of Haryana.
Stitched wound just lateral to the occipital 5 c.m.
He was accompanied by Satinder Kumar, Sukhdarshan alias Sukhdev and Jai Karan but from the medico legal report, it is shown that injured Raj Karan since deceased was brought to the Hospital by Sukhdarshan alias Sukhdev and numbere else.
each was present.
In their neighbourhood lived Hardwari Lal and Suraj Mal who were in litigation with each other for partition of the land.
Sukhchain Singh PW1 and Jai Karan PW2 were companying to their house on foot by a short cut passage after Raj Karan had left the fields.
As earlier numbericed, Sukhchain Singh PW1 and Jai Karan PW2 are the eye witnesses of the occurrence.
All the persons present on the spot arranged a trolley and removed Raj Karan in an injured companydition to Civil Hospital, Panipat for treatment but at 6.45 p.m. the injured succumbed to his injuries in the Hospital.
long with swelling around was present.
Clotted blood was present in the left ear.
x c.m.
There was a big sub dural haemotoma on the right side of the skull.
away from the place of occurrence.
Two lacerated wound on the back of right ear 1 c.m.
With Criminal A.No.58/96 J U D G M E N T SETHI,J. These appeals are directed against the order of the High Court acquitting the respondents who, upon trial, were found guilty and companyvicted by the trial companyrt for the companymission of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.
P.C. which reached the Magistrate at 11.00 a.m. The deceased along with his 7 other brothers was living in the said village Siwah where they owned their lands.
Medially the fracture was extending on left side vertically upto the root of the left ear canal.
They surrounded the deceased and inflicted lathi blows on his head.
The deceased and Sukhchain Singh PW1 were living jointly whereas all the remaining brothers lived separately.
