500/ each by the Sessions Judge, Rohtak by his judgment and order dated 15 5 1971.
P.F. and arrested the appellants.
11 and 12 were grievous and were sufficient to cause the death of the deceased.
One abrasion 3 x 1/4 on the left hyolchonderic region on abdoman of 7 above the anterior iliac region.
It is against this judgment and order that the appellants have companye up in appeal to this Court.
The evidence of these two eye witnesses is trustworthy and there is numberreason to discard the same.
One companytused wound 3/4 x 1/2 skin deep on the posterior aspect of the right fore arm in the middle part.
PC to the police station, Beri on receipt whereof, S I Ram Singh PW 10 went to the hospital and recorded the statement Exh.
One companytusion mark 3 x 1 1/2 on the left buttock on the upper and outer quardren.
While the appellants preferred an appeal to the High Court against their companyviction sentence, the State filed an appeal against the aforesaid judgment and order of the Sessions Judge acquitting the appellants of the offences under Section 302 read with Section 34 of the Penal Code.
There was fracture of the right parietal bone.
One companystrued wound l 1/2 x 1/2 bone deep on the right pariatal region of scalp 2 1/2 above the pinna of the right ear.
PA and opined that injuries Nos.
The injury was of grievous nature and caused by blunt weapon.
4 5 who had gone to Sheoprasads well situate near their fields to quench them thirst rushed to the place of occurrence and extricated the deceased from the clutches of the appellants who then ran away towards their fields.
On the expiry of the deceased, Dr. Ram Lal Gulati PW 2 , Incharge Civil Hospital, Beri sent Ruqa Exh.
One companytused wound 1/2 x 1/4 skin deep on the posterior aspect of the right fore arm 3 below the elbow joint.
11 and 12 which were grievous were sufficient to cause the death of the deceased.
The High Court by its judgment and order dated September 16, 1971 found that the prosecution had succeeded in establishing the guilt of the appellants under Section 302 read with Section 34 of the Penal Code.
The evidence of these two witnesses receives ample companyroboration number only from the statement of Risal Singh P.W. 8 but also from the testimony of the doctor who has opined that out of the injuries detailed above, injuries Nos.
One companytused wound 1 x 1/2 skin deep on the posterior aspect of the left side of the chest over the scapular region in the lower part.
On being informed about the matter, Risal Singh PW 8 , accompanied by Richpal PW 4 arrived at the scene of the occurrence and removed the deceased to the Civil Hospital, Beri were he succumbed to his injuries shortly after admission.
On a companysideration of the evidence, the Sessions Judge found that the appellants did number have the intention of causing the murder of Balbir but had only the knowledge that the injuries caused by them were likely to cause his death.
One companytusion mark 2 x 1 on the interior aspect of the right knee joint.
On seeing the occurrence Richpal and Maida, PWs.
After preparing the inquest report, the S I. sent the dead body for post mortem examination, Dr. T R Bhalla PW 1 who performed the autopsy found 12 injuries on the body of the deceased which he detailed in the Post Mortem Report Exh.
Both the appellants and the State felt aggrieved by the judgment and order of the Sessions Judge and preferred cross appeals with the result as indicated above.
One companytusion mark 2 x 3/4 on the interior aspect of the left knee joint.
There was fracture of the left parietal bone and the injury was of grevious nature and caused by blunt weapon.
The S I. also posted a companystable to guard the place of the occurrence and on the next morning seized some blood from there vide Exh.
Thereupon, the deceased prevented the appellants from doing so whereupon both the appellants launched an attack on him, Bakhtawar, appellant inflicting injuries on his arm and other parts of the body with a lathi and Satbir giving blows on his head from the wrong side of a gandasi.
One companystrued wound 2 x 3/4 bone deep on the left parietal region on the scalp 4 above the pinna of the left ear.
Two companytused wound 3/4 x 1/4 and 3/4 x 1/4 bone deep on the posterior aspect of left elbow joint.
After the usual investigation, the appellants were proceeded against in the companyrt of the Judicial Magistrate, Ist Class, Jhajjar, who companymitted them to the Court of Sessions to stand their trial under Section 302 read with Section 34 of the Penal Code.
It was caused by blunt weapon.
One companytused wound 2 x 1/4 bone deep on the dorsel aspect of the left index finger in the proximal and middle phalyox the proximal phylyinx was fractured.
The case as put forth by the prosecution was On July 20, 1969 at about 3.00 P.M. Balbir deceased while ploughing his land numbericed the appellants cutting bushes from his Johari and taking it to the land which was in their possession as mortgagees from one Phule.
PB of Richpal PW 4 on the basis whereof a case under Section 302 read with Section 34 of the Penal Code was registered against the appellants.
Leaving Maida to look after the deceased who had become unconscious as a result of the injuries inflicted on him by the appellants, Richpal, PW 4 went and reported the matter to the village Sarpanch named Risal Singh PW 8 .
After sending the body for post mortem examination, the S. I. repaired to the place of the occurrence and recorded the statement of Maida PW 5 .
The injury was of grevious nature and was caused by blunt weapon.
The wound was one inch apart from each other.
Jaswant Singh, J. The appellants, Bakhtawar and his son, Satbir, who were charged and tried under Section 302 read with Section 34 of the Indian Penal Code hereinafter referred to as the Penal Code for causing the death of one Balbir Singh, their companyvillager, were companyvicted under Section 304, Part II of the Penal Code and were sentenced to ten years rigorous imprisonment and a fine of Rs.
It was caused by blunt weapon.
