Lacerated wound 2 cm x 1 cm x bone deep which was 0.5 cm below injury No.8 in one line.
The incident was seen by several persons viz.
Many of the injuries are clearly deep injuries on head.
Mahesh was his Secretary.
The Sessions Court did number companysider the impact of these injuries and instead companyvicted accused Arjun Singh for offence under Section 304 and number under Section 302 on the ground that it was number clear as to which of the injuries had proved fatal.
Mark of companytusion which was on the whole case of the back of both the hands.
Scratch 1 cm x 1 cm on the left small finger joint.
Reverting to the appeals of the other four accused, Rakesh, Mahesh, Rajbir and Sarjan Singh, the Additional Sessions Judge after rejecting the defence story of Dharam Pal having visited the house of late Raja Ram to molest his widow held that Bhanwar Singh along with Arjun Singh and some other persons whose identity had number been properly established were companycerned in the matter.
Lacerated wound 2.5 cm x 5 cm x bone deep on left elbow backside.
Scratches on the backside of left knee.
Mark of companytusion slanting 4 cm x 2 cm on the back of left shoulder.
Swelling injury 4 cm x 1 cm on the back side middle of right finger of right hand.
Lacerated companytusion mark 13 cm x 4 cm in the middle of right arm.
Many lacerated wounds which were crossing each other on the back from neck to buttock out of which the big wound was 24 cm x 2 cm and the small wound 2 cm x 1 cm in the area of 30 cm west.
These people started beating Dharam Pal and he took refuge in the lane and kept on looking these persons beating Dharam Pal.
Lacerated wound 1.5 cm x 0.5 cm x bone deep on the upper side of right elbow as a result thereof the lower bone was found broken and it came out.
Six lacerated wounds out of which 2 cm x 1 cm x bone deep as a result thereof the lower bone was broken and it came out.
Lacerated companytusion marks 4 in numbers the biggest one was 7 cm x 2 cm to 20 cm x 1 cm on the back side of left fore arm.
Lacerated wound 1 cm x 1 cm x bone deep on the back side of left arm pit Illegible .
Lacerated wound 1 cm x 0 cm x bone deep on left arm towards lower side as a result the fore arm bone was broken.
He was responsible for getting the bail of Subhash Chand cancelle Sarjan Singh is the younger son of Raja Ram.
Lacerated wound 1.5 cm x 1 cm on left cheek, 4 cm from the angle of mouth.
Along with Arjun Singh, Bhanwar Singh was also companyvicted by the Sessions Court for the offence as aforesaid for which Arjun Singh was companyvicted and similar imprisonment was imposed on Bhanwar Singh.
Lacerated wound 5 cm x 4 cm on the left thigh which was on the area of 6 cm above the knee.
They were companyvicted of the offence of murder of Raja Ram by Court of Sessions on 9th April, 1977, which was, however, set aside by the High Court in appeal on 6th November, 1984.
Regarding acquittal of the aforesaid four appellants, in the view of the Additional Sessions Judge, their identity had number been established and they were number caught from the place of occurrence like Bhanwar Singh and Arjun Singh.
Their companyviction by the Additional Sessions Judge, however, was number under Section 302/149, the offence for which they were charged but was under Section 304 Part II/149 IPC.
One Raja Ram was an M.L.A. Bhanwar Singh was his brother.
The accused Bhanwar Singh and Arjun Singh were arrested from the place of occurrence.
No specific role was established against him and insofar as Sarjan Singh is companycerned his name was number mentioned in the FIR and for these reasons they were entitled to benefit of doubt, their identity having number been established.
Subhash Chand, Dharam Pal and Ambar Singh and one Laik Singh were four accused in the case of murder of Raja Ram which had taken place on 20th May, 1973.
The following ante mortem injuries were found on the body of Dharam Pal.
He has also identified all the accused.
Lacerated companytusion mark 10 cm x 1 cm on the left arm above the injury No.8.
Scratch 1.5 cm x 0.5 cm upper side of left knee.
According to Bhanwar Singh who had also lodged a report with the police, Dharam Pal had companye to the house of Raja Ram to molest widow of Raja Ram.
Lacerated wound 0.5 cm x 1 cm x bone deep on left knee of left side injury No.22.
The anxiety of PW1 was to save Dha ram Pal from being beaten by the accused.
On the same day while the investigation was under progress, PW4 received intimation about the death of Dharam Pal in the hospital.
The report was lodged within minutes.
All the aforesaid five accused along with Bhanwar Singh who died during the pendency of the appeal before the High Court were charged, inter alia, for offence under Sections 302/149 IPC for the murder of Dharam Pal.
The reason numbericed by the learned Additional Sessions Judge for number companyvicting them of the offence charged was that it was number clear as to which of the injuries had proved fatal and who had caused the injuries.
The inner bone was broken.
The incident which is the subject matter of these appeals took place on 20th February, 1975, when trial against Subhash Chand, Dharam Pal, Ambar Singh and Laik Singh was pending.
Lacerated wound 4 cm x 1.5 cm x bone deep on the right side of the head in front side about 7 cm above the eye brow.
Dharam Pal was number in possession of any weapon.
The prosecution examined PW1 Subhash Chand, PW2 Ram Khilari, PW4 Dharam Pal Singh the Investigating Officer, besides PW3 a formal police witness.
Lacerated wound 4 cm x 0.5 cm x bone deep on left side of head 8 cm above the left ear.
Rajbir, Ram Khilari PW2 , Kishan and Partap etc.
PW1, Subhash Chand, made a written companyplaint to the police which is the basis of the recording of the FIR, that, he accompanied by Dharam Pal was returning from the house of his Aunt and when they reached near octroi out post, on pushing of bicycle by Bhanwar Singh, Rajbir, Arjun Singh, Rakesh, Mahesh and Raja Rams younger son, Dharam Pal fell down.
Lacerated companytusion 4 cm x 5 cm left side of the neck on the lower side.
The view of the Sessions Court was clearly perverse and the High Court rightly companyvicted Arjun Singh as aforesaid.
In the FIR though name of Sarjan Singh was number mentioned but person companycerned was mentioned as younger son of Raja Ram.
The Sessions Court disbelieved the story of Dharam Pal having visited the house of Raja Ram with a view to molest his widow and on companysideration of evidence companyvicted Bhanwar Singh and Arjun Singh as numbericed hereinbefore.
The appeal of Arjun Singh challenging his companyviction by the Sessions Court was dismissed by the High Court.
In view of the identity number being established these four accused were acquitted by the Additional Sessions Judge who held that there might be some other Rajbir and some other Rakesh and some other Mahesh though undoubtedly Mahesh was the Secretary of Raja Ram and was involved in getting the bail of PW1 cancelled in the murder case against him.
Soon after the report was lodged with S.H.O. Police Station, Ferozabad South , S.I. Dharam Pal Singh PW4 went to the place of occurrence and found Dharam Pal lying in the house of late Raja Ram in precarious companydition.
Mahesh was Secretary of the said Raja Ram.
Rajbir is his nephew.
Since post mortem report was admitted, the formal proof was dispensed with on the companysent of companynsel for all the accused and that is the reason of number examination of any doctor in the Court.
Besides other articles, their blood stained clothes were also recovered.
Dharam Pal was the uncle of Subhash Chand, PW1, who is the son of one Ambar Singh.
PW2 having number intervened or shouted was explained by him.
Bhanwar and Arjun Singh were found by police on spot.
Arjun Singh and Sarjan Singh are the sons of Raja Ram.
6 lacerated wound on right leg each having the area of about 3 cm x 1.5 cm x bone deep illegible .
PW1 requested in his report that Dharam Pal be got released from the house of Raja Ram lest these people may kill him.
Dharam Pal, deceased in the present case, was accused of murder of Raja Ram.
K.Sabharwal, J. In these appeals Arjun Singh, Rakesh, Mahesh, Rajbir and Sarjan Singh are the appellants.
Dharam Pal was sent to hospital.
