thereafter the learned sessions judge himself put some questions to the witness.
hari chand p.w.
8 and 9 in their cross examination their evidence should number have been accepted by the companyrts below.
it was argued by shri kapil sibal learned companynsel for the appellant that in view of the several statements made by ws.
he looked for mewa and hari chand.
2 went in that direction.
they inflicted several injuries on dunni.
the witness said that he did number tell the magistrate that he was making the statement under the pressure of the police.
on february 15 1974 at about 4 p.m. the doctor also examined mewa and found on the right side of his head an abrasion 1 x 1/4.
by the time they went near ram chander and mange ran away.
he was given a lathi blow on his head.
10 and told him about dunni.
8 and 9 the remaining eyewitnesses seemingly supported the prosecution case in varying degrees in the examination in chief but they made some damaging admissions in cross examination.
he and jiwana p.w.
a companystable was sent to fetch them from sucha khera.
shri sibal also submitted that the accused did number have a fair trial as the learned sessions judge particularly assumed the role of a prosecutor.
9 even in examination in chief stated that mange was number armed with any weapon though he was present alongwith ram chander.
2 8 and 9 as eye witnesses to the occurrence.
the learned sessions judge companyvicted both ram chander and mange but having regard to the evidence of p.w.
in support of its case the prosecution examined p.ws.
appeal by special leave from the judgment and order dated 2.7.1975 of punjab haryana high companyrt in cr.
having been beaten by the two accused.
please state whether you mean it.
the prosecution case was that on february 14 1974 at about 11 a.m. dunni was proceeding from his field towards the village sucha khera and was passing near the field of ram chander and mange when he was attacked by them with jatus wooden pegs fixed to a cart .
on the way he met dhan singh w. 10 and told him about the occurrence.
10 was examined to speak to the information alleged to have been given to him by p.ws.
on the way they met p.w.
jiwana thereafter went to the police station at narwana and lodged the first information report at about 5.15 p.m. the sub inspector of police went to the village.
8 said in his examination in chief that when he was working in his field he heard a numberse from the side of the field of mange.
9 the high companyrt acquitted mange and companyfirmed the conviction of ram chander.
2 and 8 that the deceased had been beaten by the two accused persons.
according to the doctor that was due to companypression of brain with multiple fractures of skull.
the learned sessions judge put him a few more questions one of which was whether he was honestly stating that mange was bare headed and ram chander had a dunda.
thereupon the sessions judge told him that in his examination in chief he had said that he had seen mange and ram chander causing injuries and that if he made inconsistent statements on material points he companyld be prosecuted for perjury.
mewa p.w.9 who was working in his field tried to rescue ram chander.
they went to the village to inform the people about the occurrence.
dunni was bleeding and was hardly able to breathe.
criminal appellate jurisdiction criminal appeal number390/75.
from a distance they saw mange and ram chander giving blows to dunni with dandas.
8 stated that when they were running away their backs were towards him.
jiwana the lambardar proceeded to the village to inform the relatives of dunni.
hari chand was finally examined on 16th.
the answer was that i am giving the statement freely.
in answer to a further question p.w.
on hearing the alarm raised by dunni hari chand p.w.8 and jiwana p.w.2 and others came there and witnessed the occurrence.
2 did number support the prosecution case and was declared hostile.
and you were giving the statement under pressure of the police.
neither of them was brought that night.
there were fractures of the left partial frontal and occipital bones.
later that day he went to sucha khera for official work.
the assailants ran away.
they saw mange tying a piece of cloth round the head of dunni.
the sessions judge has made a numbere to this effect in the deposition itself.
the learned sessions judge then put him the following question you have said that even before me you are making a statement under the pressure of the police.
he held the inquest and sent the dead body for post mortem examination.
the police examined him on 16.2.74.
the doctor who companyducted the autopsy found thirteen injuries on the body of dunni.
next morning he was able to examine mewa but hari chand was number to be found.
both of them were number available in the village.
