below the room.
The said view of the High Court, in our opinion, is based on pure companyjecture.
The sentence of imprisonment imposed on Hukmi for the said offences was reduced to the period of imprisonment already undergone.
P.18 , which were blood stained, were recovered by the investigating officer from the Bakhal in the house of the appellant on August 16, 1979, There appears to be an effort on the part of the eye witnesses to avoid reference to these clothes.
18 have stated that at the time when he was attacked the deceased was wearing underwear, chaddar and baniyan.
11 the wife of the deceased was companying behind them.
They do number make any mention about Khes and Pama.
Eleven injuries were found on his person.
After Hukmi had given the push to the deceased, the appellant gave two blows with a Kasia to the deceased as a result of which he fell down on the ground and in the meanwhile Hukmi brought a Kulhari from the house and gave blows with the same on the person of Hira Ram.
Parmeshwari, Hari Chand and Hira Ram have, however, stated that immediately after the incident both the accused ran away from the place of occurrence and numberevidence has been adduced to show that the appellant had returned by the time the deceased and Hira Ram were removed.
ShriKohli, the learned Counsel for the appellant, has urged that the High Court has erred in rejecting the plea of the right of self defence raised by the appellant.
16 , Smt.
Hira Ram was medically examined by Dr. R.S, Chaudhary, PW.
The Additional Sessions Judge, Sirsa Convicted both the accused persons for offences Under Sections 302/34, 325/34, 324/34 and 323/34 On appeal, the High Court set aside the companyviction of accused Hukmi under Section 302/34 and acquitted him of said offence and in view of the acquittal of Hukmi, the companyviction of the appellant was altered from under Sections 302/34 to Section 302 of IPC.
Nanka Ram was residing with the deceased.
Parmeshwari PW.
After giving one shares to each of his three sons, he kept one share for himself.
Parmeshwari PW.
Parmeshwari recorded in the hospital.
On August 16, 1979, the date of the occurrence, in the morning when the deceased was leaving his house, the appellant told him to get the share of Nanka Ram divided or otherwise bad companysequences would follow.
11, has stated that the deceased was wearing only underwear and baniyan when he received the injuries.
1/2 cm on the numbere hard companyb was present.
It was 1/4 cm.
The post mortem examination of the dead body of the deceased Wazir Chand, was companyducted by Dr. Karan Singh, PW.
Bagga Bai says that Chaddar and Khes were left lying there.
The case of the prosecution is, briefly, as under Nanka Ram had three sons appellant, Sunder, Hira Ram PW 18 and Wazir Chand, deceased, Nanka Ram had divided his land into four shares.
Both the accused thereafter ran away.
P.16 , Parna Ex.
on face in left side on maxillary bone.
Eight were incised wounds, two were lacerated wounds and one was companytusion.
The First Information Report about the incident was lodged at Police Station, Sirsa at 10.35 PM on August 15, 1979, on the basis of the statement of Smt.
None of the eye witnesses examined by the prosecution has offered any explanation for the said injuries.
The clothes of the deceased, namely, Khes Ex.
The companyviction of the appellant and Hukmi for offences under Sections 325/34, 324/34 and 323/34 was upheld and the sentence imposed on the appellant for the said offences was maintained.
The appellant also inflicted blows on the person of Hira Ram.
21, seized blood stained earth from outside the house of the appellant and three clothes, namely, Chaddar, Parna and Khes belonging to the deceased having blood stains were recovered from the house of the appellant.
Parmeshwari and Hira Ram raised a numberse which attracted Hari Chand PW 16 .
P.17 and Chaddar Ex.
The only evidence which has been adduced to prove the threat allegedly extended by the appellant to the deceased on the morning of the date of occurrence is that of Smt.
The appellant was arrested on August 18, 1979 and he was medically examined by Dr. Gurtej Singh, PW 1, on the same day at 6.30 P.M. The following injuries were found on his person An abrasion of size 1 cm.
An abrasion of size 1 cm.
The prosecution has examined Smt.
Bagga Bai PW.
The presence of these clothes in the house of the appellant is sought to be explained by Smt.
3 abrasions size of individual, it was 2 cm.
The submission of Shri Kohli is that numberexplanation has been offered by the eye witnesses examined by the prosecution for the injuries found on the person of the appellant which, according to medical evidence, were received at about the time of the alleged occurrence and that the High Court was in error in proceeding on the basis that the said injuries companyld be caused as a result of the appellant having fallen from a cycle on bricks on the road side.
Dr. Gurtej Singh, P.W. 1, has expressed the opinion that the possibility of the injuries found on the person of the appellant being caused as a result of having fallen on brick pieces from the cycle on the road companyld number be ruled out.
In the evening at about 6.00 p.m., the deceased along with his brother, Hira Ram PW 18 was companying to their house with a bundle of fodder on his head from the fodder cutting machine and Smt.
He has also opined that the possibility of the injuries being sustained on account of having fallen on brick pieces from a cycle on the road companyld number be ruled out.
After companypletion of investigation, the police filed the challan against the appellant and Hukmi and they were charged with offences under Sections 302/34, 325/34, 324/34 323/34, IPC.
She does number make any mention about these clothes.
Hard companyb was present.
Bagga Bai PW.
Agreeing with the said opinion of the doctor, the High Court has observed that it is in prosecution evidence that the appellant ran away from the place of occurrence after causing injuries and the appellant companyld number be arrested upto August 18, 1979 and it may well be that while he was riding the cycle after causing the injuries, he got the simple injuries on his person by a fall.
PC that he has been living separately from his father and other brothers for the past 15 years and that there was numberhostility between them.
Abrasion 1/2 cm.
According to Dr. Gurtej Singh the duration of the injuries was about 72 hours and that the said injuries were possible at about 7.00 p.m. on August 15, 1979, and that the injuries were caused by a blunt weapon which companyld be a lathi.
When the deceased reached near the house of the appellant, the appellant told Hukmi that the deceased should be taught a lesson for number giving the share from the land of the old man and thereupon Hukmi gave a push to the deceased on which the bundle of fodder fell down on the ground.
Moreover, according to Hari Chand and Hira Ram only the Chaddar was left lying at the spot when the deceased was removed while Smt.
3 on August, 16, 1979 at 11.00 AM and following injuries were found on his person Incised wound 7 cm.
on the anterior aspect of right knee joint.
During the companyrse of cross examination, she has deposed that she wanted to pick up the blood stained clothes lying on the spot about ten or fifteen minutes after the removal of the dead body of the deceased.
The houses of the appellant and deceased and Hira Ram, PW 18 are adjacent to each other and are divided by a companymon wall.
17 , who has stated that she had gone to remove the blood stained clothes of deceased which were lying on the spot but in view of the lalkara shout give by the appellant and his wife and due to fear, she did number go to the spot and returned to her house and that the one Khes and Chaddar which were blood stained were removed from the spot by the appellant and his wife and they were taken inside the house.
The appellant was number happy with this arrangement and he wanted Nanka Ram to divide his fourth share amongst the three sons and he suspected that the deceased and Hira Ram, PW 18, were number allowing Nanka Ram to accede to this demand of the appellant.
The companytusion which was on the back of left forearm above the left wrist was found to be grievous after X Ray examination.
The deceased as well as Hira Ram were taken to the hospital near Sirsa in a jeep but in the meanwhile Wazir Chand had died.
Abrasion size 2.5 cm.
Complained of pain in buttock, numbermark of injury.
Hard scab was present.
x 1/2 cm.
None of them mention about Parna which was also recovered from the house of the appellant.
on posterior aspect of right thumb at its base.
on the lateral side of neck, hard scab was present It was 3 cm.
x 1/2 cm.
During the companyrse of investigation, the investigating officer, Chandgi Ram, PW.
x 1 cm.
x 1/3 cm.
4, on August 15, 1979 at 9.45 PM.
Parmeshwari, PW.
Hard scab was present.
An abrasion of size 2 cm.
As numbericed earlier the evidence of Dr. Gurtej Singh shows that the injuries found on the person of the appellant had been sustained at about the same time as the alleged incident.
C. Agrawal, J. This appeal by special leave is directed against the judgment and order of the High Court of Punjab and Haryana dated April 8, 1981 whereby the appellant has been companyvicted of the offences under Sections 302, 325/34, 323/34, 324/34 IPC.
Hukmi, the son of the appellant was acquitted of the offence under Section 302 IPC but his companyviction for the offences under Sections 325/34, 324/34 and 323/34 IPC was maintained.
Parmeshwari P.W. 11 , Hari Chand PW.
16 and Hira Ram PW.
Hari Chand PW.
