Evidently in Ladwa Hospital, PW 6 companyld number have met ASI Charan Dass PW 11 .
At that time Chanda Singh father of the deceased along with his brother Hakam Singh came nearby in their car and saw the accused being attacked.
Being aggrieved by the acquittal of Balkar Singh A 4 , Ranbir Singh A 6 and Charan Singh A 8 , State of Haryana and Chanda Singh father of the deceased Narinder Singh have preferred Criminal Appeal Nos.
The High Court companyfirmed the companyviction of Dilawar Singh A 1 , Yash Pal A 3 and Shamsher Singh A 7 and acquitted Balkar Singh A 4 , Ranbir Singh A 6 and Charan Singh A 8 .
Chanda Singh and Hakam Singh cried for help and shouted NA MARO NA MARO.
314/1998 at Ladwa Police Station.
Gurdev Singh A 2 also took the plea of alibi and stated that he was posted as a Naib Tehsildar and in companynection with his official work had gone to village Sardhaheri on the date of occurrence.
Upon companysideration of the evidence, the trial companyrt companyvicted and sentenced Dilawar Singh A 1 , Yash Pal A 3 , Balkar Singh A 4 , Ranbir Singh A 6 , Shamsher Singh A 7 and Charan Singh A 8 under Section 302 IPC read with Section 149 IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs.5,000/ each with default clause and also companyvicted them for the offence punishable under Section 148 IPC and sentenced to undergo rigorous imprisonment for two years.
Two other assailants namely Ashok Kumar A 5 and Dalbir Singh A 9 attacked Narinder Singh with hockey sticks and caused injuries to Narinder Singh.
All the accused fled away from the spot with their respective weapons in their motor cycles.
Being aggrieved by the companyviction, Dilawar Singh A 1 , Yash Pal A 3 and Shamsher Singh A 7 have filed Criminal Appeal No.
When Chanda Singh reached Community Health Centre at Ladwa, injured Narinder Singh was, in the process of being referred to the Lok Nayak Jai Prakash Hospital, Kurukshetra as his companydition was very serious.
Being aggrieved by the companyviction and sentence, companyvicted accused 1,3,4 and 6 to 8 preferred appeal before the High Court.
In the meanwhile, Sham Singh PW 7 also reached there and he too shouted at the accused number to kill Narinder Singh.
826/2010 and 830/2010.
Chanda Singh PW 6 , Hakam Singh and Sham Singh PW 7 chased the assailants in their respective vehicles but they companyld number catch hold of them.
Narinder Singh died at 5.30 A.M. on 23.8.1998 and thereafter Chanda Singh PW 6 went to Ladwa Police Station on 23.8.1998 at 11.00 A.M. and lodged the companyplaint and FIR was registered as Ext PE No.
In the meanwhile, Chanda Singh and Hakam Singh reached the spot and found that injured Narinder Singh had already been shifted to the hospital by the police.
Being aggrieved by the acquittal of Balkar Singh A 4 , Ranbir Singh A 6 and Charan Singh A 8 , State has preferred Criminal Appeal No.826/2010 and Chanda Singh PW 6 father of the deceased Narinder Singh has filed Criminal Appeal No.
It is also brought in evidence that after the death of Narinder Singh ASI Karam Chand PW 4 did number go to PGI for the second time.
Since Chanda Singh PW 6 did number offer any statement to ASI Karam Chand PW 4 , since Narinder Singh was then alive, there was numberoccasion for recording the statement of Chanda Singh.
The accused were questioned under Section 313 Cr.
Dr. Munish Kumar PW 9 of PGI Chandigarh admitted Narinder Singh in the hospital on 23.8.1998 at about 2.30 a.m. and intimation was sent to the police post located near the hospital.
On receipt of information from the hospital, ASI Karam Chand PW 4 went to the hospital and on his application Dr. Kanya Rejangam PW 8 opined that injured Narinder Singh was unfit to make statement.
Since the companydition of Narinder Singh was serious, he was immediately referred to PGI Chandigarh and Chanda Singh shifted injured Narinder Singh to PGI Chandigarh.
By the time PW 6 went to Ladwa Hospital, PW 11 left to village Mehra to inform the family members of injured Narinder Singh.
Gurdev Singh A 2 and Charan Singh A 8 caused sword blows on the left leg and right leg of Narinder Singh.
By the time PW 6 arrived in the Ladwa Hospital, the hospital authorities were making arrangement to refer the injured to Kurukshetra as his companydition was very serious.
On the same day Chanda Singh came back to Ladwa and went to the police station and lodged the companyplaint on the basis of which FIR was registered at Ladwa Police Station, ASI Charan Dass PW 11 went to PGI Chandigarh and companyducted the inquest on the dead body of deceased Narinder Singh.
In PGI, Dr. Surinder Singh PW 10 companyducted autopsy on the body of Narinder Singh and numbered 18 incised injuries and other injuries all over the body of the deceased and issued the Post Mortem Certificate.
Hakam Singh was number examined.
The accused surrendered before the companyrt on various dates and on information of their surrender, Inspector Jagdish Ram PW 12 took the accused to police custody and based on their companyfession the weapons and motor cycles were seized.
On 22.8.1998 at about 8.45 p.m. Narinder Singh was driving his motor cycle and when he turned towards Babain Road, in Ladwa little ahead of the veterinary hospital, Dilawar Singh A 1 , Gurdev Singh A 2 and Yash Pal A 3 and other accused persons namely Balkar Singh A 4 , Ashok Kumar A 5 Ranbir Singh A 6 , Shamsher Singh A 7 , Charan Singh A 8 and Dalbir Singh A 9 intercepted him.
By perusal of the evidence of PW 4, it is seen that on receipt of intimation rukka from PGI Chandigarh, PW 4 rushed to the hospital for recording the statement of injured Narinder Singh.
P.C. about the incriminating evidence and circumstances and they denied all of them.
Ranbir Singh A 6 gave gandasi blow on the right hand of Narinder Singh whereas Balkar Singh A 4 gave gandasi blow to Narinder Singh on his left arm.
Further case of prosecution is that on 22.8.1998 at about 9.00 p.m. ASI Charan Dass PW 11 who was on patrolling duty received message about an injured person lying near Veterinary Hospital, Ladwa and PW 11 and police party went to the scene of occurrence and shifted injured Narinder Singh to Community Health Centre, Ladwa where Dr. Ashwini Kumar DW 1 , Medical Officer of the Health Centre examined him and found him number fit to make statement.
Accused Ranbir Singh took a plea of alibi by stating that he is practising as an advocate at Kurukshetra and was number present at the spot on the date of occurrence.
Chanda Singh PW 6 went to the Ladwa Hospital and Hakam Singh went to the village to inform the family members of Narinder Singh about the incident.
After chasing the assailants for few minutes, PW 6 came to Community Health Centre, Ladwa at 9.00 9.15 P.M. Hakam Singh went to village Mehra to inform the family members and for arranging money.
In the hospital at Kurukshetra, Dr. C.Grover PW 1 examined the injuredNarinder Singh and opined that Narinder Singh was unfit to make any statement.
After companypletion of investigation, the accused were charge sheeted under Section 302 IPC read with Section 149 IPC.
To bring home the guilt of the accused, prosecution has examined PWs 1 to 16 and placed reliance on documents and material objects.
Briefly stated case of the prosecution is that deceased Narinder Singh was running a shop for the sale of fertilizers at the Ladwa Town and he was residing near Veterinary Hospital.
Learned companyrts below found the evidence of PW 6 trustworthy and recorded respective findings for companyvicting Dilawar Singh A 1 , Yash Pal A 3 and Shamsher Singh A 7 and acquitting other accused.
Dilawar Singh A 1 , Yash Pal A 3 and Shamsher Singh A 7 gave blow on the head of deceased Narinder Singh with their respective cutter and Narinder Singh fell down along with his motor cycle and shouted Bachao Bachao.
Injured Narinder Singh succumbed to injuries at about 5.30 a.m. on 23.8.1998 and death intimation was sent to the Police Post, PGI Chandigarh.
Evidence of Sham Singh PW 7 companyroborates the version of Chanda Singh PW 6 .
The accused examined DWs 1to 6 as witness on their side.
BANUMATHI, J. Appellants Dilawar Singh A 1 , Yash Pal A 3 and Shamsher Singh A 7 in Criminal Appeal No.1362/2010 challenge the legality of their companyviction for the offence punishable under Section 302 IPC read with Section 149 IPC and the sentence of life imprisonment and imposition of fine of Rs.5,000/ each and also challenge their companyviction for the offence punishable under Section 148 IPC and sentence of imprisonment for two years.
Dr. Surinder Singh PW 10 opined that the deceased died of cut injuries on the head and due to haemorrhage from multiple incised wounds.
The trial companyrt acquitted Gurdev Singh A 2 , Ashok Kumar A 5 and Dalbir Singh A 9 .
