In addition appellant Naresh was found guilty for the offence under Section 25 of the Arms Act and was sentenced to undergo rigorous imprisonment for 2 years and to pay fine of Rs.2000/ with default sentence.
AP and lateral and opined for ortho surgeon opinion.
On the same day PW8 Dr. Vasundhara Gupta examined PW5 Smt.
Ram Mehar gave two gandasa blows on the left side of PW4 Smt.
PM which bears my signature.
Advised x ray and surgeons opinion.
Advised x ray and ortho surgeons opinion.
The Trial Court directed the substantive sentences to run companycurrently.
The appeals preferred by the other accused were dismissed.
He arrested the accused and recovered the weapons on the information furnished by them in their disclosure statements.
The remaining eight accused were companyvicted and sentenced as stated earlier.
Rekha and her husband Rishikesh to the ground floor and exhorted that they should be killed to take revenge for the murder of Yudhvir.
Phulla.
Dhaula inflicted a darant blow on the right leg of Rishikesh.
Complaint of pain in the left foot.
Hearing the cries raised by the injured persons, Umed Singh and Ram Kumar rushed to the spot and the appellants accused ran away with their weapons.
The appellants herein are six in numbers and were tried along with others for the charges under Sections 148, 149, 302, 307, 449, 323 and 216 of Indian Penal Code and in addition under Section 25 of the Arms Act, 1959 against appellant Naresh and the Trial Court found them guilty of the offence under Section 302 read with Section 149 IPC and sentenced them each to undergo imprisonment for life and to pay fine of Rs.10,000/ each with default sentence further found them guilty for the offence under Section 307 read with Section 149 IPC and sentenced them each to undergo rigorous imprisonment for 8 years and to pay fine of Rs.5000/ each with default sentence further found them guilty for the offence under Section 449 read with Section 149 IPC and sentenced them each to undergo rigorous imprisonment for 5 years and to pay fine of Rs.3000/ each with default sentence further found them guilty for the offence under Section 148 IPC and sentenced them each to undergo rigorous imprisonment for 2 years each and found them guilty for the offence under Section 323 read with Section 149 IPC and sentenced them each to undergo rigorous imprisonment for 9 months.
Sudha were sleeping in the ground floor of the house.
Sudha were taken to the General Hospital, Bhiwani for treatment.
The prosecution case is based on the ocular testimony of PW4 Rekha and PW5 Sudha.
On appeal to the High Court the appeal preferred by accused Subhash was allowed and he was acquitted of the charges and at the same time, the appeals preferred by the other appellants accused were dismissed.
They are the daughter in law and daughter, respectively, of deceased Bani Singh.
Sudha and found the following injury Lacerated wound of 8 cm x 4 cm x 1 cm over the left side of frontal region of scalp.
The patient was kept under observation and subjected to x ray and opinion for nature of injuries.
On companypletion of investigation final report came to be filed in the case.
Duration of injury was within 24 hours.
Challenging the companyviction and sentence the accused preferred appeals in Criminal Appeal number486 DB of 2004 and Criminal Appeal number547 DB of 2004 and the High Court allowed the appeal preferred by accused Subhash and acquitted him of the charges.
Swelling was present.
On 26.5.2001 at about 1.30 a.m. PW4 Smt.
The Trial Court acquitted accused Balbir Singh and found the remaining nine accused guilty.
At that time accused persons Dharambir carrying gandasa, Naresh armed with companyntry made pistol, Satbir, Satish Shakti and Dhillu all armed with gandasa, Balwan carrying jelly, Ram Mehar armed with gandasa and Dhaula armed with darant, all entered their house after scaling the boundary wall.
P.C. and their statements were recorded.
Rekha on 26.5.2001 and found the following injuries A lacerated wound triangular shape having 4 cm length of each arm on left lower back, superficial, redish in companyour at the level of L4 and L5.
Advised x ray lumbar area AP and lateral also opined for General Surgeons opinion.
Naresh fired shots from the pistol which he was carrying.
Rekhas back and one gandasa blow on the head of PW5 Smt.
The injured Rishikesh and PW5 Smt.
Injury was kept under observation.
Accused Satish Shakti and accused Satbir are real brothers.
Sudha.
Advised x ray.
PE the statement of PW4 Smt.
Out of them accused Naseeb was released on probation since he was found to be a juvenile.
Thereafter, Satish Shakti inflicted a gandasa blow on the neck of Bani Singh, Satbir caused gandasa blow at the very same place on the neck of Bani Singh, as a result of which, Bani Singh fell down and Dharambir inflicted gandasa blow on his right wrist and Dhillu gave gandasa blow which hit him in between his little and ring finger of the right hand.
The prosecution case in brief is stated thus PW4 Smt.
PW5 Smt.
At 9.00 a.m. on the same day, PW18 Sub Inspector Balwan Singh reached the occurrence place and recorded Ex.
The appellants accused went upstairs and brought PW4 Smt.
Copy of MLR is Ex.
Thereafter, two witnesses were examined in defence.
A lacerated wound present at upper back on the left lateral side measuring 6 cm x .5 cm x .5 cm and another just above it measuring 3 cm x .5 cm x .5 cm.
The accused persons were examined under Section 313 Cr.
Aggrieved by the companyfirmation of their companyviction and sentence six accused have preferred the present appeals.
PR, FIR was registered at 10.10 a.m. on the same day.
Accused Naresh and Naseeb are sons of accused Dharambir.
PW15 Dr. Mahender Kumar also examined Smt.
Challenging their companyviction and sentence six accused have preferred the present appeals.
Sudha is the married daughter of the deceased.
Phulla and her sister in law PW5 Smt.
Rekha and her husband Rishikesh were sleeping in the upstairs room of their house.
Balwan gave a jelly blow causing an injury on the right hand of Smt.
Bani Singh succumbed to the injuries on the spot.
PW8 Dr. Vasundhara Gupta examined Rishikesh on 26.5.2001 at 03.25 a.m. and found following injuries Lacerated wound of 8 cm x 6 cm over the anterior surface of right leg middle 1/3rd region.
PW15 Dr. Mahender Kumar examined PW4 Smt.
Her father in law Bani Singh, her mother in law Smt.
These three appeals are preferred against the companymon judgment dated 27.01.2012 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal number486 DB of 2004 and Criminal Appeal number547 DB of 2004.
Kind of weapon was to be given after x ray report.
PW18 Sub Inspector Balwan Singh seized blood stained earth, one khol of cartridge and one sikka from the occurrence place by preparing a Memo and recorded the statements of witnesses.
Fresh bleeding was present.
Rekha is the daughter in law of deceased Bani Singh.
Advised x ray thorasic AP and lateral and opined for surgeon opinion.
NAGAPPAN, J. Leave granted.
During the trial the prosecution examined PWs 1 to 27 and marked documents.
Phulla and found the following injuries Swelling, tenderness the right forearm.
Rekha and the Ex.
Advised x ray band surgeons opinion.
A lacerated wound of 12 x 4 cm over the left side of face extending from the cheek to left frontal region of scalp.
Fresh bleeding was present.
