On exploration of this injury, the wound was going downward backward and towards right side after piercing through the muscles.
Gian Chand, A 2, assaulted him on his face with his hockey stick while Baldev Raj, A 3, caused an injury on his right hand with his sword.
He had also lodged the report to the Police and PW 2 was facing trial on a charge under Section 324 IPC.
On seeing him, they caught hold of him and PW 2 dealt a kirpan blow on the back of his head.
PD is a report lodged by PW 2 on November 9, 1988.
All the accused were also charged of the offence under Section 120 B IPC and have been acquitted of that charge both by the trial companyrt as well as by the High Court.
Toni slumped on the road whereafter his father Ram Lal and Rajinder Kumar both number examined rushed him to C.M.C. Hospital, Ludhiana.
While Gian Chand, A 2 and Baldev Raj, A 3 caught hold of Toni, Hem Raj, A 1, stabbed Toni in his abdomen with his knife.
DW 2 also appeared as a witness in defence and stated that on the day of occurence at about 9.00 p.m., when he heard some numberse outside, he rushed out and found PW 2, his brother Inder Mohan and Rajesh Toni present near the shop of Bobby Cassettes.
Dr. Inderjit Singh Kochhar, PW 1, performed post mortem examination on the dead body of deceased Toni and from his report it appears that the following injuries were found on the person of the deceased An abraded companytusion 2 x 1/2 on the right side of numbere.
A stab wound 1/2 x 2 in the midline of abdomen 2 above the umbilicus.
It was a fresh injury caused by a sharp edged weapon like kirpan.
Apart from the three appellants, who have been companyvicted by the High Court, the acquittal of Hans Raj, A 4 was affirmed by the High Court.
He had inspected the place of occurrence and took other steps in the companyrse of investigation.
The female members of the family of the accused also came there and entered the house and beat his mother and sister.
The case of the prosecution is that after the occurrence, the accused smashed the doors and windows of several houses in the vicinity.
All the appellants have been found guilty of the offence under Sections 323/34 and 324/34 IPC for which they have been sentenced to six months and one year imprisonments respectively.
When such an assault took place, members of both sides assembled and there was a free fight in which injuries were caused on both sides.
PW 6 further deposed to the fact that he had held inquest over the dead body of the deceased and thereafter sent the body for post mortem examination.
On the report of Anil Kumar, DW 2, a criminal case had been registered and after investigation Parshotam Lal, PW 2, and Inder Mohan since deceased put up for trial.
It was number the case of the defence that the occurrence took place in the manner alleged by the prosecution and that in that occurrence Anil Kumar had suffered injuries which were number explained.
When the police party reached the hospital, it found that deceased Toni was lying dead.
The stomach was ill of clotted blood mixed with food material.
If what was stated by PW 6 was true, then the report companyld number have been lodged at about 10.00 or 10.30 in the night of May 1, 1989, but must have been recorded sometime after 9.00 a.m. on May 2, 1989.
PW 3 the other eye witness is the companysin of PW 2, being the son of his mothers sister.
There was also companysiderable doubt as to whether the First Information Report was lodged at the time and place as stated by PW 2.
The evidence adduced by the defence showed that another occurrence took place at the same time on the same day in which Anil Kumar, DW 2, was injured and an injury was caused to him by a sharp cutting weapon, which was proved by production of medico legal report by Dr. Amandeep Singh.
It was also the case of prosecution that Hem Raj, A l, was really behind this murder.
That is why, they assaulted him in the manner alleged.
The defence examined Anil Kumar, who is the son of Gian Chand, A 2, as DW 2 while it examined Dr. Amandeep Singh, DW 1, to prove the medico legal report recording the injuries suffered by DW 2 in that other occurrence.
DW 1 stated that Dr. Gupta had left the job and was number traceable.
The evidence on record clearly discloses that the doctor certified PW 2 to be fit for making a statement at 9.00 a.m. on May 2, 1989.
All the four accused were arrested in due companyrse and put up for trial.
It is number in dispute, that Hem Raj, A l, Baldev Raj, A 3 and Hans Raj, A 4 are brothers.
The trial companyrt on a critical scrutiny of the evidence on record came to the companyclusion that the case of the prosecution was doubtful and the eye witnesses examined by the prosecution number worthy of credence.
Hem Raj, A l, armed with a knife, Baldev Raj, A 3, armed with a kirpan and Gian Chand, A 2, armed with a hockey stick appeared on the scene and they attacked Rajesh Toni, deceased.
In the occurrence giving rise to this appeal one Rajesh Toni is alleged to have been killed by the appellants while PW 2, Parshotam Lal and PW 3, Bikram Vicky are said to have sustained injuries.
Ram Lal, though an injured eye witness, and Rajinder another eye witness have number been examined as witnesses.
The medico legal report disclosed that DW 2 had been admitted in the Daya Nand Hospital, Ludhiana at 10.30 p.m. on May 1, 1989 with profusely bleeding injury on the occipital region of the skull and the wound was 3 in length with ragged and irregular margins.
It appears that Ram Lal, the father of the deceased was also injured in the companyrse of the said incident and the trial companyrt, in its judgment, has made a companyment about it.
When he raised an alarm, his brother, Inder Mohan and his wife Rajni came to the place of occurrence and they were also assaulted and the ornaments of his sister in law were snatched.
While on this aspect of the matter, we may numberice that in the First Information Report the motive alleged was that the accused persons used to run a gambling den during diwali and that Toni, deceased, had prevented them from doing so which resulted in an assault on Toni, who had suffered injuries.
All the injuries were found to be ante mortem in nature and in the opinion of Dr. Kochhar, death was due to shock and hemorrhage as a result of injury No.
3, which was sufficient in the ordinary companyrse of nature to cause death.
PW 2, the informant is the son of the brother of Ram Lal, and Rajinder is his brother.
In the meantime, Anil Kumar, DW 2, nephew of Hem Raj came there with others and assaulted him.
Gian Chand, A 2, is their brother in law being the husband of their sister.
The companypromise application has been marked as PD/1 and is dated November 12, 1988.
The defence of the accused was one of total denial and they alleged that they had been falsely implicated.
He had become unconscious and he regained companysciousness only the next day in the hospital.
The prosecution examined two eye witnesses to prove its case, namely, Parshotam Lal, PW 2, and Bikram Vicky, PW 3.
Lacerated wound 1/3 x 1/5 on the tip of the right middle finger.
Omentun was companying out of the wound.
The case of the prosecution is that PW 6, Tek Singh, recorded the statement of PW 2, Parshotam Lal, in the hospital and sent the information given by PW 2, Parshotam Lal, to the Kotwali Police Station where on its basis the formal First Information Report was drawn up.
Spurring the peritoneum and anterior and posterior walls of stomach and rupturing the right kidney and small intestines.
The prosecution case is belied by the documents produced by the prosecution itself.
Toni, the deceased, was the son of Ram Lal.
On interrogation, Hem Raj made a disclosure statement pursuant to which a knife was recovered.
Similarly, Bikram Vicky, PW 3, was declared fit to make a statement at 10.00 a.m. on May 2, 1989.
The further case of the prosecution is that soon after the occurrence Bikram Vicky rushed to Officer Incharge of the Police Station Kotwali, Ludhiana, namely, Sub Inspector Tek Singh, PW 6, who was then present in front of Society Cinema on routine patrolling duty.
For reasons best known to the prosecution, the prosecution gave up two other eye witnesses who were admittedly present when the occurrence took place, namely, Ram Lal, father of the deceased and Rajinder Kumar.
Similarly the members of the prosecution party are also inter related.
He informed him about the assault on Toni and informed him about Toni having been taken to C.M.C. Hospital.
Hem Raj, A l and Gian Chand, A 2 are the appellants in this appeal.
Baldev Raj, A 3, though companyvicted, has number preferred an appeal.
The case of the prosecution is that at about 9.00 p.m. on May 1, 1989, Parshotam Lal, PW 2, Bikram Vicky, PW 3, Rajesh Toni, deceased, Ram Lal Nikku Ram, father of Rajesh Toni and Rajinder were standing in front of the shop known as Bobby Cassettes located in Nali Mohalla, Ludhiana.
However, the said matter was later companypromised.
According to the defence, another occurrence had taken place on the same day and at the same time in which Anil Kumar, DW 2, had been injured by members of the prosecution party and he had to be admitted in the hospital with incised injuries.
Peritoneal cavity was full of blood.
1 and 2 certainly discloses that an occurrence had taken place at the same place and at the same time in which Anil Kumar, DW 2, was assaulted and according to Anil Kumar, PW 2 as well as deceased Toni along with Inder Mohan since deceased caught hold of him and assaulted him.
An abrasion 2 x 1/2 on the left cheek.
It was also number denied by PW 2 that he was facing a trial on the report made by Anil Kumar, DW 2.
Similarly, Baldev Raj also made a disclosure statement leading to the recovery of a kirpan.
The case of the Prosecution is that the special report reached the Magistrate at 2.30 a.m. on May 2, 1989.
PW 2 was armed with a kirpan and Inder Mohan was armed with a Dang.
The motive for the offence was that during diwali the accused used to indulge in gambling which was opposed by the deceased Toni.
The evidence of DWs.
D W 1 stated that he was companyversant with the hand writing of Dr. Gupta with whom he had worked and the report which he produced before the companyrt was in his hand writing.
In the meantime, 15 20 persons came from both the sides and there was a free fight between them.
There was a companyresponding cut on the shirt and Banian.
