PW 1 to PW 6 were examined on the side of the prosecution.
P.C. Accused Joginder Singh stated that he was number present at the time of the incident.
Joginder Singh demanded money and insisted that he should pay immediately.
Makhan Singh was number in a position to pay Rs.
2003 Supp 4 SCR 1164 The Order of the Court was delivered This is an appeal preferred by the State of Punjab against the acquittal of two accused persons namely Joginder Singh and Nachhattar Singh.
The accused persons were questioned under Section 313 Cr.
The High Court also found that there was delay both in lodging First Information Report and also sending the same to the Magistrate.
1 to 8 are abrasions on the various parts of the body.
Joginder Singh kicked Makhan Singh on his chest and pressed his neck with his hands.
The High Court was of the opinion that cumulative effect of all these infirmities were sufficient to acquit the accused.
According to the prosecution Nachhattar Singh set on the legs of Makhan Singh.
On this point the prosecution story was disbelieved by the High Court.
But numberhing is attributed to the accused Nachhattar Singh.
They were about to take meals when accused Joginder Singh and Nachhattar Singh came there and demanded hundred rupees from Makhan Singh which he had borrowed from accused Joginder Singh.
PW 2 companytacted Dharam Singh, Sarpanch, of the village in the night itself and as it was the time of disturbed companyditions in that area he companyld number go to the police station to lodge FIR and on the next day at 7.20 a.m. he gave first information statement which was recorded by the ASI.
Bearing alarm raised by PW 2 Gurdial Singh, three other persons came to the scene of occurrence.
Accused Nachhattar Singh stated that on the date of incident when he came to his house at about 11 p.m. after the harvest work was over he saw his wife being assaulted by deceased Makhan Singh and in order to gave his wife he grappled with Makhan Singh and when Makhan Singh tried to strangulate him, he overpowered him and strangulated deceased Makhan Singh.
Injury number.
Joginder Singh then caught hold of him by tuft and dragged him towards his house.
On the date of incident Makhan Singh and his brother Amrik Singh returned to their house after the days work.
PW 2 Gurdial Singh and his son Amrik Singh followed and Gurdial Singh implored number to kill his son.
Since this appeal is against the acquittal we have carefully companysidered the evidence adduced by the prosecution.
The incident happened at about 10 p.m. on 20.4.1992.
That shows that Joginder Singh was in a very violent mood.
He caught hold of the hair of Makhan Singh and dragged him to his house and started assaulting Makhan Singh.
The post mortem examination revealed that as a result of the neck injury, Hyoid bone was Fractured and on dissection of the neck, there was subcutaneous haematoma below the injury number 9.
Accused Joginder Singh and Nachhattar Singh ran away from the place.
Makhan Singh who was lying on the floor unconsciously was brought to the house of PW 2.
these two accused persons were tried by the Sessions Judge, Ferozepur, for having caused death or Makhan Singh.
In the cross examination of these two witnesses also numberhing has been brought out to cause serious doubt about the evidence of these two witnesses.
An attempt was made to pour water in his mouth but he died immediately.
100, but Joginder Singh insisted that money should be paid immediately and he started abusing Makhan Singh and others.
The incident happened pursuant to a quarrel between deceased Makhan Singh on the one hand and Joginder Singh and Nachhattar Singh on the other.
The acquittal of these accused is challenged before us.
The High Court reversed the finding of the Sessions Court.
Injury number 9 is abrasion 4.5 cm x 2.5 cm on the joint aspect of neck and its lower point.
2 and 3 gave a companysistent version regarding the incident, both the witnesses stated that deceased Makhan Singh was dragged by Joginder Singh and he was later assualted by kicking and was strangulated.
The Sessions Judge accepted the prosecution evidence and relied on the evidence tendered by the two witnesses namely PW 2 Gurdial Singh and PW 3 Gurdev Singh and found these accused persons guilty.
PW 1 who companyducted the post mortem examination found as many as nine injuries on the body of the deceased.
The deceased Makhan Singh was the son of PW 2 Gurdial Singh.
