The High Court did number hold to the companytra.
On the same day, PW10 took the knife seized from Kala to the Medical Officer PW1, who endorsed on the post mortem report that the injuries companyld be inflicted by that knife.
The following is a brief account of the prosecution case and other relevant facts On the night of 3rd April, 1996, all the accused attacked Hemant Kumar at Channi Chowk and stabbed him with knives.
He applied for judicial remand of the arrested accused.
He recorded the statements of some witnesses.
The fatal assault by the four accused was seen by the younger brother of deceased PW4, who was returning home from his watch repair shop.
He prepared a site plan.
PW9 companyld go to the scene of occurrence at about 2.30 a.m. The delay was for the reason that he tried to stop a reprisal attack by a mob to set fire to the houses of the accused.
According to PWs 4 and 5, three accused carried knives and the accused, namely, Kala carried Neja which resembles knife .
The injured person fell down on the spot and he was taken on a company to the Civil Hospital, Safidon by the aforementioned three persons.
Copy was sent to the Judicial Magistrate through a Constable and it reached him at about 1.00 a.m. In the said statement given to the police, PW4 named the four accused as the assailants.
He sent the same to the Police Station, on the basis of which an FIR was recorded at 11.30 p.m., for an offence under Section 302 read with Section 34 IPC.
The same doctor sent a rucca memo to the Police Station, Safidon at about 9.50 p.m. The Sub Inspector of Police PW9 was going on a jeep by the side of the hospital.
The following injuries were found on the body of the deceased Spindle shaped incised wound on left side of chest just lateral to left nipple 1.5 cm x 1 cm x 4 cm.
As a result of stabbing, he received six injuries out of which two were in the chest region.
The High Court dismissed the appeals filed by the accused.
The details of post mortem examination may be numbericed at this juncture.
The total length of that knife was 8 inches inclusive of 4 of handle and the width of the blade was about 0.2 to 0.3 cms.
On being informed by a passer by on a bicycle, PW4 rushed to the spot and having numbericed from a distance of 30 ft.
However, the motive was held to be number proved by the trial companyrt.
PW9 held the inquest over the dead body in the hospital and sent the dead body for post mortem.
Hearing the cries, PW5 another relation of the deceased and one Kapoor Singh who were at a nearby sweet shop joined PW4.
At the hospital, the doctor number examined declared him dead.
The Medical Officer attached to the General Hospital, Jind did the post mortem examination at 9.15 a.m. on 4.4.1996 and prepared the post mortem report which is Ex.
On the basis of his investigation, PW10 found that the accused other than Kala were innocent.
The Ward Boy of the hospital handed over the rucca to him PW9 then came to the hospital and after sometime, recorded the statement of PW4 at the hospital.
On seeing all of them, the accused fled.
WITH CRIMINAL APPEAL NO.
Curiously, Section 34 was omitted in the charge.
Hence, these appeals by special leave.
PW10 Inspector of Police, CIA, was entrusted with investigation from 6.4.1996 onwards.
or so that the attack on the deceased was going on, he raised an alarm.
One Gobind Das produced all the four accused persons involved in the offence in the night of 4.4.1996 before PW9 while he was at Court Road Chowk.
They were arrested and immediately thereafter, the accused Kala produced a knife Ex.
