During the trial prosecution examined PWs 1 to 9 and marked documents.
Accused Nos.
The First Information Report was altered and the investigation was taken up by SHO Ajay Kumar and he visited the place of occurrence and prepared Exh.
Ka 1 companyplaint at Police Station Bhagwanpur leading to registration of case against the accused persons.
The appeal preferred by the accused came to be dismissed and hence they have filed the present appeal.
PW2 Suggan informed PW1 Gajendra Singh, son of Ranjit Singh, about the occurrence, who rushed to the place of occurrence and took severely injured Ranjit Singh to Roorkee hospital and after admitting him there, lodged Exh.
On the death of Ranjit Singh on 15.4.1991 in the hospital the offence was altered to one of murder.
PW 2 Suggan, PW3 Atmaram and PW4 Chaman Lal and others saw the occurrence.
The occurrence had taken place at 11.00 a.m. on 14.4.1991 in the field of Ranjit Singh when PW2 Suggan and Jai Ram were harvesting the wheat crop in the said field.
No witness was examined on their side.
Abraded companytusion 4 cm x 3 cm on lateral part of right side chest, 6 cm below right nipple.
On 14.4.1991 at about 11.00 a.m. PW2 Suggan and Jai Ram were cutting wheat in the field of PW1 Gajendra and Ranjit Singh came to the field.
The accused persons were examined under Section 313 Criminal Procedure Code and their answers were recorded.
Appellants 1 to 4 stood charged for the offence under Section 302/34 in Sessions Trial No.195 of 1991 on the file of Additional Sessions Judge Roorkee and the Trial Court companyvicted all and sentenced them each to undergo life imprisonment and to pay a fine of Rs.500 in default, to undergo rigorous imprisonment for one year each.
Challenging the companyviction and sentence accused Nos.
He gave Exh.
Though PW1 Gajendra Singh is the author of FIR, he has number witnessed the occurrence and he has lodged the companyplaint on the basis of information furnished by PW2 Suggan, in which he has mentioned about the attack with weapons made by all the four accused on his father Ranjit Singh during the occurrence.
Ka 4 is the First Information Report, Exh.
Ka 11 requisition for companyducting post mortem.
Though Suggan was examined as PW2, he did number support the prosecution case and was declared hostile.
PW3 Atmaram and PW4 Chaman Lal were examined by the prosecution as having witnessed the occurrence.
Ranjit Singh became unconscious.
The Trial Court companyvicted all the accused and sentenced them as stated above.
At about 5.30 p.m. on same day PW1 Gajendra lodged Ex.
1 to 4 preferred the present appeal.
Hence the appeal stands abated insofar as he is companycerned.
Their presence near the occurrence place is natural and they cannot be termed as chance witnesses as companytended by the appellants.
Ka 8 plan and seized the blood stained clothes under Exh.
Contusion 10 cm x 8 cm on left side of chest, 6 cm below the nipple.
Ka 9 Memo.
During the hearing the learned senior companynsel appearing for the appellants submitted that appellant No.4 Atara Singh died during pendency of the appeal and it was endorsed by the learned companynsel appearing for the respondent State.
Accused Nos.
PW1 Gajendra owned plot No.180 in village Mohammadpur Panda and the adjacent plot belonged to the accused persons and on account of the pending litigation between them there was enmity.
PW2 Suggan informed PW1 Gajendra about the occurrence.
On 15.4.1991 Ranjit Singh succumbed to his injuries.
Abrasion 2 cm x 1 cm on right side of right knee joint Stitched wound 4 cm x 4 stitches on front side of right leg.
PW 6 Dr. K.P. Sarabhai companyducted post mortem on the body of Ranjit Singh at 4.30 p.m. on 15.4.1991 and found the following ante mortem injuries Stitched wound 4 cm x 4 stitches on beam of head, 12 cm from left ear.
Ka 70 is the G.D. Report.
Abraded companytusion 10 cm x 5 cm on lower part of left leg Abrasion 2 cm x 1 cm on left side of iliac crest.
Contusion 20 cm x 10 cm on right thigh.
Thereafter accused Nos.1 to 4 armed with lathies and tabbal came there and threatened Ranjit Singh to withdraw the case against them and beat him with lathies and tabbal .
PW1 Gajendra came and took his father injured Ranjit Singh to JNSM Hospital Roorkee.
Dr. Jugal Kishore Mittal examined Ranjit Singh at 1.20 p.m. on 14.4.1991 in the said hospital and admitted him as in patient.
1 to 4 preferred appeal in Criminal Appeal No.1418 of 2001 on the file of High Court and the appeal came to be dismissed.
1 to 3 are real brothers.
He expressed opinion that the death has occurred on account of shock and hemorrhage due to ante mortem injuries.
Stitched wound 3 cm x 2 stitches on front part left leg.
The agricultural land of PW3 Atmaram in village Almaspur lay near the agricultural land of Ranjit Singh in village Mohammedpur Panda.
Shorn of unnecessary details the case of the prosecution is as follows PW1 Gajendra is the son of deceased Ranjit Singh.
He companyducted inquest and prepared Exh.
PW9 Sub Inspector R.S. Tiwari took up the investigation and examined PWs 2 to 4 and some other witnesses.
Contusions of 28 cm x 18 cm on beam of left side chest and abdomen.
NAGAPPAN, J. This appeal is preferred against the judgment dated 18.8.1991 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.1418 of 2001.
Ka 5 report.
Ka 1 written companyplaint in the Police Station, Bhagwanpur and a case under Sections 323, 324, 506 and 307 IPC was registered against the accused persons.
On internal examination he found fracture of 4th to 7th ribs on right side and 3rd to 8th ribs on the left side.
