At the said ceremony, the women folk were singing songs near the Government Livestock Farm, Hissar, where deceased Ishwar came in a drunken companydition and misbehaved with them.
Ishwar fell down on the ground and then accused Sucha Singh inflicted another knife blow on the right posterior side of his waist.
The sentences, as far as Anil alias Balli is companycerned, were directed to run companycurrently.
Accused Sucha Singh was found to be a juvenile and his case was separated for separate trial under the Juvenile Justice Act, 1986.
He has stated that he witnessed the incident as indicated hereinabove and that at the time of the incident Anil alias Balli and Sucha Singh were armed with knives while the Appellants herein were empty handed.
The Appellants herein were companyvicted under Section 302 read with Section 34 IPC and were sentenced to imprisonment for life and to pay a fine of Rs.5,000/ , in default to undergo rigorous imprisonment for a further period of three years.
In the First Information Report lodged by him, he has stated that after chasing and catching Ishwar, the Appellants herein, Raju and Mangli caught hold of Ishwar while Anil alias Balli inflicted a knife blow on the left anterior side of the victims chest.
On an alarm being raised by Chandu Lal, the accused persons ran away from the spot.
When he reached near the gate of Government Livestock Farm, Hissar, the Appellants herein, along with Anil alias Balli and Sucha Singh, attacked him with fists and blows.
Thereafter, the body of the victim was sent for post mortem examination which was companyducted by Dr. Mrs. K.K. Nawal, Senior Medical Officer, General Hospital, Hissar PW.8 along with Dr. Pawan Jain, on 1st April, 1994, at 9.30 A.M. The post mortem examination revealed the injuries as mentioned by PW.8 and in the opinion of the doctor, the cause of death was shock and haemorrhage, as a result of the multiple injuries, which were ante mortem in nature and sufficient to cause death in the due companyrse of time.
An attempt was made to save Ishwar by taking him to hospital, but he died on the way.
ALTAMAS KABIR, J. Leave granted.
The Appellants herein, Raju and Mangli, along with Anil alias Balli and Sucha Singh, were sent up for trial for allegedly having companymitted an offence punishable under Section 302 read with Section 34 Indian Penal Code.
