The medical evidence discloses that the deceased had received in all 13 injuries and three of them had resulted in fractures.
He was regarded as a chance witness because he had failed to explain his presence at the place of offence which was 10 kms.
On 7.6.1986 he went to the place of incident, prepared the site plan and recorded statement of Kesar Singh, PW 4.
On 6.6.1986 he received the report that the deceased had three fractures and, therefore, registered a case against the accused under section 326 IPC and started the investigation.
The trial companyrt accepted the prosecution case that Gurbachan Singh, Harbans Singh, Harjeet Singh, Balwinder Singh, and Avtar Singh had assaulted Balwant Singh on 29.5.1986 at 7.30 p.m. with iron rods, a tyre lever and an axe and that Balwant Singh subsequently died on 16.6.1986 as a result of those injuries.
He was thereafter taken to the Civil Hospital at Khanna.
The High Court discarded the dying declaration Ex.
The High Court disbelieved the evidence of Kesar Singh on the Grounds that he was a chance witness, that he was closely companynected with the deceased, that his statement was recorded after 6 7 days and that his subsequent companyduct was so unnatural as to create a doubt regarding his presence at the time of the incident.
The prosecution had also examined Dr. B.S. Chhabra, PW 1, who had first treated Balwant Singh while he was taken to Civil Hospital, Khanna and Dr. H.S. Aneja, PW 2, who had subsequently given and opinion regarding cause of death of Balwant Singh.
The injuries themselves were number sufficient to cause death in the ordinary companyrse of nature and were only indirectly responsible to cause death due to a remote companyplication which in this case was unavoidable.
The companyviction by the trial companyrt was based mainly upon the evidence of Kesar Singh, PW 4 and the statement of Balwant Singh himself to the police on the basis of which an offence was registered against the accused.
In order to prove that death of Balwant Singh was due to the injuries inflicted upon him by the accused, the prosecution had produced the bed head ticket, the postmortem report and the opinion of Dr. Aneja.
2 to 6 hereinafter referred to as accused by the High Court.
Balwant Singh died on 16.6.1986.
After companysidering all the relevant material, Dr. Aneja, PW 2 had opined that the death of Balwant Singh was on account of Pulmonary Embolism and that the said companyplication had arisen due to prolonged bed rest which was necessitated by multiple injuries received by him.
He was reported fit to give a statement on 31.5.1986 and thus his statement came to be recorded by the police on that day.
The remaining two respondents, namely, Balwinder Singh and Avtar Singh were closely related to him.
The deceased was then removed from the Civil Hospital at Khanna to the Civil Hospital at Ludhiana.
The police officer number finding any grievous injury or an injury caused by sharp edged weapon did number register any offence and preferred to wait till further report was received from the doctor as regards the nature of injuries received by the deceased.
Though the deceased was serving as a driver he was also having his own car.
The doctors attending the deceased had told the police that the deceased was number in a fit companydition to make a statement.
After obtaining and opinion regarding the cause of death from Dr. S.Aneja, PW 2 the Investigating Officer made the necessary change with respect to the nature of offence disclosed to have been companymitted by the accused.
away from the place of his residence.
The hospital authorities informed the police but by the time they came his companydition became worse, and, therefore, his statement companyld number be recorded either on that day or on the next day.
In the postmortem numberes the cause of death of Balwant Singh is stated in the following terms In my opinion, death in this case was on account of Pulmonary Embolism which means blocking of the main artery to the lungs by piece of clot detached from any other part of the body.
The accused were then charge sheeted and tried for companymitting murder of Balwant Singh.
He was companyscious till he was admitted in the hospital.
On the date of the incident he had returned to Khanna after companypleting his work and when he was about to sit in his car which was parked near hotel of one Hari Singh situated at Samrala Chowk, he was assaulted.
It is directed against acquittal of the respondent number.
His companyduct was companysidered unnatural because after taking the deceased to the hospital he had number remained there to help him number he had gone to the nearby police station to lodge a companyplaint number he had talked about the incident to anyone till his police statement was recorded.
This is remote companyplication of prolonged bed rest which was in this case due to the multiple injuries.
The three grievous injuries were on head and the legs of Balwant Singh.
The injuries were ante mortem in nature and were on account of blunt weapon.
