Accused Jai Kishan gave lathi blows on his back and accused Jai Parkash also inflicted a lathi blow on fingers of his right hand.
A companytusion on the posterior side of the chest 1 cm below the scapular margins.
On 15.07.1997, Head Constable, Ram Rattan PW 8 was performing his petrol duty at Sohna Road, Palwal, when at about 5 PM he received intimation Ex.
A companytusion over the right scapular region measuring 5 x 2 cm in size and red in companyour.
A companytusion over the left scapular region measuring 6 x 2 cm in size and red in companyour.
A lacerated would on the dorsal surface of right ring finger 2 x 0.25 cm into skin deep with fresh bleeding.
The accused persons had caused injuries on the body of the deceased as well as the injured by blunt weapons.
Then the Investigating Officer recorded the statement of various witnesses.
Lathi blows were also given by Khem Chand and Rajkali on his hips and other parts of the body.
At about 2.00 PM, on the date of occurrence, his wife Omkali PW 3 and daughters, Bimla PW 4 and Rachna were present in the house and at that time the accused Khem Chand, Jai Kishan, Jai Parkash, Jagdish, Jai Bhagwan, sons of Khem Chand, his wife Raj Bala alongwith Dhan Singh, Devinder and Rajakali, entered their house and opened attack upon him and on his family members.
It measures 5 x 2 cm and was in red companyour.
A companytusion on the left side of the face 1 cm anterior to the left ear 5 x 4 cm and reddish in companyour.
A companytusion over the posterior side of the left wrist joint measuring 4 x 3 cm and reddish in companyour.
However, in the meanwhile, the companydition of Shiv Ram became serious and he was referred to Safdarjung Hospital, New Delhi, where he ultimately expired on 22nd of July, 1997 at about 730 AM.
After the death of Shiv Ram, his son Praveen Kumar gave information at Police Station City, Palwal about his death and Head Constable Jagdish Chand PW 7 companyverted the case into one under Section 302 IPC and a special report Ex.
Injuries were also inflicted by lathi blows on Bimla, who was later examined as PW 4.
573 under Section 148, 452, 323 and 506 read with Section 149 IPC was registered at about 6.15 PM on 15.07.1997 at Police Station City, Palwal by Virender Singh, ASI PW2 .
Thereafter, the body was sent for post mortem, which was companyducted by Dr. Chandra Kant PW 5 on 23rd July, 1997.
PM to Ex.
The statement of Shiv Ram was clear and satisfactory.
On the basis of this statement, FIR No.
He was taken into custody on 18.12.1997.
The Investigating Officer prepared the rough site plan of the place of occurrence and recorded the statement of witnesses under Section 161 of the Criminal Procedure Code hereinafter refer to as Cr.
A lacerated would on the left eye brow 0.5 x 0.25 cm into skin deep with irregular margins and fresh bleeding.
PE from Government Hospital, Palwal that three persons, namely, Shiv Ram, Bimla and Jai Kishan were lying injured in the casualty ward of the said hospital.
The dying declaration of Shiv Ram clinches the entire issue when read with the statement of the doctor and his medico legal report Ex.
PK was sent to the Area Magistrate.
After the case was registered under Section 302, the investigation of the case was taken over from Head Constable by SI SHO Puran Chand, PW 9 and all the accused except Dhan Singh were re arrested.
But, that by itself, would number demolish the case of the prosecution.
PE/1, he recorded the statement of Shiv Ram being Ex.
xxxx xxxx xxxx The judgment of the Court of Session was only questioned by Dhan Singh unsuccessfully before the High Court.
Keeping in view the statement of family members, other witnesses, doctors statement and medico legal report as relevant, it was felt by the Investigating Officer number to examine the other two family members.
The injured persons raised hue and cry and people from nearby started gathering, but by that time, the accused persons ran away from the spot and while leaving, they also threatened the injured persons that they would kill them on the next available opportunity.
Both the family members of the deceased did number support the case of prosecution and were declared hostile.
The appeal has been preferred only by accused Dhan Singh.
Other accused did number challenge the judgment of the Trial Court.
Whereafter the supplementary challan was filed in the Court and both these cases, having arisen out of the same incident, were clubbed together for trial.
PW 3 and PW 4 did number support the case of the prosecution and were declared hostile.
It is in evidence that the companydition of the deceased was worsening at Government Hospital, Palwal, therefore, he was shifted to Safdarjung Hopsital, New Delhi, where he died.
After companylecting the medico legal reports of Shiv Ram, his wife Omkali and daughter Bimla, the Investigating Officer also took the endorsement and signatures of Omkali and Bimla on the statement of Shiv Ram being Ex.
The disclosure statements Ex.
Accused Dhan Singh was holding an Iron Rod and he inflicted a blow with the same on the head and left ear of Shiv Ram.
PU were also made by accused persons, which led to the recoveries of 7 lathis and 2 dandas and seizure memo Ex.
A lacerated would on the anterior side of the left pinna 0.50 x 0.25 cm into skin deep with irregular margins and fresh bleeding.
Upon receiving this information he reached the hospital and met Dr. B.L. Chimpa PW 1 and asked him whether the injured were in a fit state to make statements.
Shiv Ram was kept under observance in the hospital.
The FIR was exhibited as PF/2.
All the nine accused were then chargsheeted.
and the accused persons were taken into custody.
Accused Dhan Singh was declared as a proclaimed offender.
PA where injuries upon the deceased have been detailed as under A lacerated wound on the right parietal region 5 x 2.5 cm into skin deep with irregular margins and fresh bleeding.
The Court has also to keep in mind that numbersuch persons are permitted to defeat the companyrse of justice and if sufficient evidence exists and the prosecution has been able to establish its case beyond any reasonable doubt, the Court should punish the guilty irrespective of the fact that some witnesses have turned hostile.
ASI Sri Niwas PW 11 , who was then posted in Police Post, Safdarjung Hospital, New Delhi, companyducted the inquest proceedings vide Ex.
After the doctor declared the injured fit to make statement at about 6.20 PM vide medical opinion Ex.
