In a case of this nature, the evidence of the prosecution witnesses, in our opinion, should be companysidered keeping in view the backdrop of events.
Right pleural cavity was full of blood.
372 DB of 2003 and Criminal Revision No.
Dinesh answered to his call and as soon as he opened the door after he received the gun shot injury.
Dharmpal fired shots in the air.
Track of the wound was going medially, downwards and anteriorly.
There was a oval shaped lacerated wound present over left anterior aspect of chest wall 4 x 3.5 cms margins were inverted, 3 cm below and medial to left nipple, 7.5 cms lateral to mid line.
Intercostals muscles were lacerated The cause of death in the opinion of Dr. A.S. Ahlwat PW 9 was extensive haemorrhage and shock as a result of the injuries which were ante mortem in nature and sufficient to cause death in numbermal causes of nature.
The wedding of his niece had been fixed on 17.02.2002.
It is number of much dispute that Rajpal was being assaulted on the way.
Middle and lower lobes of right lung were lacerated extensively.
1475 of 2003 affirming the judgment and order dated 27.03.2003 companyvicting him for companymission of an offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.
They started beating him.
Right pleura was lacerated.
On his way, however, he met Satpal Singh Sub Inspector of Police at about 2.00 a.m. and informed him about the incident.
The family of the appellant and the family of Dinesh deceased were residents of the same village.
Clotted blood was present.
According to his opinion, the injuries had been caused by firearm.
A First Information Report was lodged by Rajpal Singh, uncle of the deceased to that effect.
It was companytended that the discrepancy between the medical evidence and the ocular evidence is number such which would lead to the companyclusion that the appellant was innocent.
Extensive lacerations were present in heart, middle and lower lobes of left lungs.
Rajpal started proceeding to the police station which was about 11 kms.
On dissection under lying muscles were lacerated.
Pericardium and left pleura were lacerated.
In what position Dinesh was standing at the fateful moment can only be a matter of guess.
They were, however, number on speaking terms.
Dharmpal father of the appellant made a remark that it did number matter as he would companye back by the same way.
The marriage celebrations had been going on.
The First Information Report was recorded at about 3.10 a.m. In the trial, the prosecution inter alia examined Rajpal PW 8 and Almesh PW 10 .
Appellant accosted him asking why such a numberse in the neighbourhood was being made.
Marriage of Manisha was fixed on 17.02.2002.
by the ladies, and they used to threaten them.
from the village.
Appellant and Manjit, however, took objections to the singing etc.
He was returning home at about 11 p.m. when Dharmpal caught hold of him.
After some time, however, the appellant came out with his brother Manjit and started walking.
The death of Dinesh being homicidal in nature is number in dispute.
Their houses are intervened only by a road.
Appellant thereafter had allegedly been threatening him.
Appellant, his father and brother went inside his house.
Altercations had also taken place between the deceased and the appellant during Panchayat elections.
Left pleural cavity was full of blood.
Appellant came at the spot armed with a gun.
On 14.02.2002 at about 8 p.m. Rajpal came out of his house.
It companyld number have been numbericed by PW 8.
The deceased and Manjit, brother of the appellant, were studying together in the same companylege.
Rajpal called out for his nephew Dinesh and as soon as he opened the door, a shot was fired by the appellant at him.
He ignored him and companytinued walking.
On that account their festive mood would be turned into grief.
On the basis of the evidence brought on record by the prosecution, while acquitting Dharampal and Manjit, the learned Sessions Judge found the appellant guilty of companymitting murder of Dinesh.
B. SINHA, J Appellant is before us aggrieved by and dissatisfied with a judgment and order dated 6.11.2006 passed by a Division Bench of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
The following injuries were found on the person of the deceased Lacerated wound 2.5 cms x 1.5 cms was present over right lateral chest wall in the mid aillary line, 12 cms from right nipple.
There was a cattle shed.
