Appellants call in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court upholding companyviction of the appellants hereinafter referred to as the accused under Sections 323, 325 and 326 read with Section 34 of the Indian Penal Code, 1860 in short the IPC and sentence as imposed by the trial Court which had sentenced each to undergo rigorous imprisonment for three months, two years and seven years respectively with separate fines for each of the alleged offences with default stipulations.
Background facts leading to the trial of the accused appellants are as follows The case was registered on the basis of information lodged by Piara Singh PW 6 , which was recorded on 10.11.1989 at about 2.00 a.m. According to the informant, he and his son Sham Singhs wife Sito PW 7 were sitting in the companyrtyard of the house of Sham Singh hereinafter referred to as the deceased .
Sham Singh expired at about 1.50 a.m. on 10.11.1989.
At this Mitta Singh and the deceased exchanged hot words and abused each other.
Placing reliance on their evidence, the learned Additional Session Judge, Hissar found the accused persons guilty and sentenced them to undergo sentences as numbered above.
It was about 11.00 a.m. on 9.11.1989 when deceased was companying from the village after purchasing vegetables.
Hence, information to this effect was sent.
Deceased fell down on the ground.
Mitta Singh gave a lathi blow on the left foot of the deceased and also gave a thrust blow of lathi on the left side of his head.
Harbans Kaur gave a Gandasi blow on the right hand of the deceased, which caused a grievous injury.
On 10.11.1989 at night at about 0.15 a.m. Dr. O.P. Kakkar examined Sham Singh.
He found injury No.1 which was an incised wound in the middle phalanx of the index finger of right hand.
The occurrence was witnessed by Piara Singh PW 6 and Sitto PW 7 .
Eight persons were examined to further the prosecution case.
The second injury was an abrasion on the lateral side of upper 1/3rd part of left leg and the patient companyplained of pain on different parts of the body.
Sito PW 7 wife of the deceased also claimed to be an eye witness.
When he reached near the house of Janta Singh, son of Dharam Singh, Harbans Kaur A 1 armed with a Gandasi and Mitta Singh A 2 armed with a lathi were present there.
Both of them took Sham Singh injured to their house.
Piara Singh PW 6 was the companyplainant and claimed to be an eye witness.
3526 of 2004 ARIJIT PASAYAT, J Leave granted.
On the basis of this statement, FIR was recorded by ASI Bharat Singh.
When Piara Singh and Sito raised alarm, both the accused persons ran away from the spot.
Arising out of SLP Crl.
Since the companydition of Sham Singh became serious during the night time, he was taken to the Primary Health Centre, Ratia.
Mitta made an obscene gesture.
In support of the appeal, learned companynsel for the accused appellants submitted that the prosecution version was based on testimonies of relatives and, therefore, does number inspire companyfidence.
The accused persons were charged for alleged companymission of offences punishable under Section 304 Part I read with Section 34 IPC.
Dr. O.P. Kakkar sent information to the Police Station, Ratia.
The accused persons pleaded innocence and claimed trial.
ASI Ram Rattan reached the Primary Health Centre and recorded the statement of Piara Singh which is the FIR.
In appeal, the High Court companyfirmed the companyviction and the sentences.
