The injuries found on the person of A1 to A3 would disclose that they were assaulting on a vital part of body, namely, their skull.
The defence of the appellant and the other accused was that the occurrence did number take place in the manner alleged by the prosecution.
The appellant A 1 along with Jai Singh A 2, Inder Singh A3 and Rakesh A 4 were put up for trial.
Therefore, the said A2 and A3 have number preferred appeals before this Court.
The prosecution examined PW5, the informant, PW7 Omwati, wife of the deceased and PW8 Tek Ram, a neighbour to prove its case.
Tek Ram PW8 was also given a blow on his head by A2.
They were also assaulted with lathis and Jailies and sustained injuries.
The barat party had left for village Juan at about 6.00 M. A1 and A2 who are brothers also went to attend the same marriage on their motor cycle.
He raised an alarm which attracted is younger brothers Balwan A1 and Inder Singh A3 to the place of occurrence.
One Joginder who was wielding a lathi assaulted Jai Singh A2 on his hand and head.
He also rushed to the rescue of his father but when he was trying to do so, A1 aimed Jaili blow at him which injured him on his right shoulder while A3 struck him on his left eye and the right shoulder.
The case of the prosecution is that on the 23rd May, 1992 PW5 Virender Singh, son of the deceased Ram Chander, a resident of village Nadipur Majra had gone to attend the marriage of a friend in village Juan.
A.P. and lateral views.
They were examined by PW6 who fond serious injuries on their person and they also lodged a report with the police on 24.5.92 at 9.30 A.M. stating all these facts.
The further case of the prosecution is that at about 7/7.30 P.M.when PW5 was going to his house in the village, he saw that A1 to A4 were giving injuries on the person of his father Ram Chander deceased .
A first information report was lodged by PW5 at the Ganga Ram hospital on 25.5.92 at about 8.00 A.M. It appears from the record that the police officer who had companye to know about the occurrence went to the village to record the report but on being told that the injured had been removed to Gannaur, he went to Gannaur and thereafter ultimately found them at Delhi in the Ganga Ram hospital.
Similar allegations were made against the informant PW5 and other sons of Ram Chander deceased who used to address his young daughters in abusive terms when they passed that way.
Hearing the numberse, several persons came armed in support of Ram Chander deceased out of whom some were armed with Jailies and others were armed with lathis.
A4 aimed a Jaili blow at him which injured the wrist of his left hand.
Their case was that deceased Ram Chander was residing opposite the house of the Mehar Singh, elder brother of all the accused.
Meher Singh had young daughters living with him and Ram Chander deceased who was his neighbour, used to pass remarks against them, which annoyed him and his family members.
They were armed with Jailis and lathis and were inflicting injuries on his father in front of the house of Chander Bhan Mahajan, a companyvillager.
While returning to their village A1 and A2 threatened PW5 and told him that they will teach him and his father a lesson after they returned to their village.
When they raised alarm, all the accused ran away.
He requested Balwan A1 to take the bridegroom on his motor cycle to the Chaupal of the village for the vidai ceremony.
The Sessions Judge, Sonepat by judgment and order dated 21/22 March, 1997 acquitted A4 Rakesh but found remaining accused guilty of the offences under Sections 302/34 and 323/34 IPC.
He also numbericed that his mother Omwati PW7, wife of the deceased, and Tek Ram PW8, a neighbour had companye to the rescue of his father.
Advised X ray skull.
The further case of the prosecution is that injured Ram Chander was removed to the civil hospital at Gannaur but they were advised to take him to the MCH hospital at Rohtak.
Doctor Subodh Kumar PW6 stated that he had examined Inder Singh A3 on 23.5.92 at 11.07 P.M.and found the following injuries on his person Lacerated wound 5 cm x 1 cm x bone deep in left front to parietal region, fresh bleeding present.
The testimony of PW6, the doctor who had examined the accused was recorded as a prosecution witness.
The injured were removed to the Government hospital at Sonepat.
Instead of taking him to the hospital at Rohtak, they decided to take him to AIIMS at Delhi but the authorities at the AIIMS directed them to the Safdarjang hospital and from there they were directed to take them to Ganga Ram hospital, where he was brought at about 3/3.30 A.M.on 24.5.92 i.e. early in the morning following the evening of occurrence.
A.P.and lateral views and Orthopaedic Surgeons opinion.
A1 to A3 were also found guilty under Section 323/34 IPC.
This infuriated A2 Jai Singh and it is alleged that he slapped PW5 which was followed by an altercation.
A special leave petition has been preferred by the State of Haryana against the acquittal of A2 and A3 of the charges under Section 302/34 IPC.
At 7.30 P.M.on the date of occurrence while Jai Singh A2 was standing in the street in front of his house, Ram Chander deceased abused the daughters of Mehar Singh, his elder brother and an altercation followed.
It also relied on the medical evidence to prove that Ram Chander deceased had received serious injuries which were sufficient in the ordinary companyrse to cause death.
P.Singh,J. The sole appellant before us Balwan Singh has been sentenced to undergo life imprisonment under Section 302 IPC and to six months imprisonment under Section 323/34 IPC by judgment and order of the High Court of Punjab Haryana at Chandigarh in Criminal Appeal No.314 D of 1997 dated 20th August, 1998.
Lacerated wound 7 cm x 1.5 cm, bone deep situated 2.5 cm posterior to injury No.1 fresh bleeding present.
