Accused Ram Kishan, Sunil, Anil, Deshraj, Jagmal, Raghunath, Siri Chand, Satish, Manohar Lal, lass with lathis and stones entered the house of the deceased Kundan Lal by breaking the door open and on entering accused Anil Kumar inflicted a lathi blow which fell on the head of Kundan Lal deceased father of the companyplainant, as a result of which he fell on the ground.
On hearing a numberse from the members of the companyplainant party, Sube Singh son of Makhan Lal, Karan Singh son of Pyare Lal, Ram Khilari son of Ami Chand and Satbair Singh son of Chhatter Singh, all resident of the same vilage, came to the spot when the accused set on fire a heap of company dung cakes Bitoras lying on the roof of the house and also the bundles of fodder lying near the chaff cutting machine.
2 adjacent abrasions on outer aspect of left shoulder 1 cm.
300/ Two months RI r w 149 IPC 323 IPC Six months RI Nil r w 149 IPC 452 IPC Three years RI Rs.
It is urged that the companyduct of the companyplainant party is unusual and this has created doubt about genesis of the prosecution story.
The injuries were caused by blunt weapon.
74 of 2002 is preferred by the remaining eight accused, namely, Ram Kishan s o Ram Pat, Anil Ajay Kumar s o Ram Kishan, Manohar Lal s o Bohru, Desh Raj s o Ram Pat, Siri Chand s o Bohru, Satish s o Siri Chand, Sunil s o Ram Kishan and Jagmal s o Ram Pat.
The nature of injuries are as follows Injury No.
in size.
32 of 1995 and sentenced them to suffer Rigorous Imprisonment on the following Sections of law as under Offence U s Sentence awarded Amount of fine Sentence in default Imposed of payment 148 IPC Two years Nil 302 IPC Imprisonment Rs.
from injury No.
300/ Two months RI r w 149 IPC 436 IPC Seven years RI Rs.
Thereafter, accused Ram Kishan, Sunil, Deshraj, Jagmal, Raghnath, Siri Chand, Saish and Manohar Lal caused injuries indiscriminately with lathis and stones to the companyplainant, his mother Smt.
from left ear on parietal region.
Injury No.
x 1 cm.
Underwear Human Inconclusive Sample blood Human Inconclusive Lathi Human Inconclusive Lathi Human Inconclusive Lathi Human Inconclusive Lathi Human Inconclusive Material disintegrated Sd Dr. M.K. Goyal Asstt.
Injury No.
1 Ram Kishan, accused Nos.
4 and 9 inter se brothers, accused No.
Pattern oblique companytusion on back of the left side of chest extending from mid line towards outer and lower side upto companytal margins.
X ray skull was advised.
The prosecution case, as revealed in the FIR, was set in motion on receipt of information received from Badshahpur Police Station through wireless that there was a fight in village Teekli and the injured were admitted in the hospital.
After recording the statement of the companyplainant party, a prima facie case was found and a case under Sections 148, 323/302/325/452/436/427 read with Section 149 of the Indian Penal Code was registered.
While companysidering the evidence of witnesses, particularly of PWs 1 and 2, one companyld number loose sight that it is in the evidence of the prosecution that the deceased Kundan Lal had companytested the election of Sarpanch against accused Manohar Lal earlier.
PW 2 companyplainant, Sumer Singh lodged the FIR stating that on 18.12.1994, at about 9.30 p.m., his wife Smt.
It was oblique, the rounded and was towards left and upper.
The prosecution mainly relied on the evidence of two injured witnesses, PW 1 Karan Singh son of Pyare Lal and PW 2 Sumer Singh son of deceased Kundan Lal.
73 of 2002 is preferred by accused Raghunath and Criminal Appeal No.
x 2 cm.
3 abrasions on inner aspect of right ankle joint.
It was 12 cm.
5 being the son of accused No.
3 and 7 brothers of accused No.
X ray chest was advised.
In companyrse of the investigation, the IO found prima facie case against the accused appellants under the aforesaid Sections and submitted the challan.
1000/ Six months RI r w149IPC for life 325 IPC Three years RI Rs.
It was bone deep.
It was 16 cm.
It is further stated that accused Ram Kishan gave a Lalkara exhorting that members of the companyplainant party be burnt alive.
Fresh clotted blood was present.
3 was kept under observation for X ray.
X ray skull was advised.
Therefore, the rift between the companyplainant and the accused groups was writ large prior to the date of the incident.
This companytention has been rejected by the learned trial companyrt that the companyplainant party was busy in getting the first and immediate aid to the injured persons of the family.
X ray skull was advised.
1 can be given after treating the record of the doctor.
The accused are also inter related accused Nos.
Indira, his brothers Sunder Lal and Sher Singh and brothers wife Smt.
SEMA,J These two appeals arise out of a companymon judgment and order passed by the learned Additional Sessions Judge, Gurgaon, companyvicting the appellants in Sessions Case No.
4 A towards heal.
On the same day at about 11.40 P.M., Dr. B.B. Sharma examined Indira w o Sumer Singh and found the following injuries on her person There was oblique lacerated wound on right parietal occipital region 13 cm.
Injuries No.
x 1 cm.
It was within 24 hours.
Karan Singh and Sube Singh when tried to intervene also sustained injuries from the accused.
It was muscle deep.
10 cm.
2 and 6 being the sons of accused No.
It was 8 cm.
x muscle deep it was 8 cm.
Surrounding area was swollen.
Surrounding area was swollen.
The probable duration of the injuries are within 24 hours.
4 B. 4 B. 1 cm.
4 A. 1 cm.
below injury No.
The companyplainant party was supporting Raj Singh and the accused were the supporters of Satbir.
in the centre of the companytusion.
Fresh clotted blood was present.
The weapon used was blunt and injury No.
Fresh clotted blood was present.
Name of Exhibit Origin Group Blood Stained Cotton Human Inconclusive Muffler Human O 3a.
Indrawati, father Kundan Lal, mother Smt.
Complained of pain on back of left side of the chest.
The others were number examined.
Surrounding area was swollen.
Right thumb was swollen.
Oblique from mid line to left side.
On front of right leg anterior side there was 4 lacerated wounds.
4 and 5 grievous.
Abrasion on front of left knee joint 2 cm.
x 1 cm.
It is also in the evidence on record that both criminal and civil litigation was pending between the companyplainant and the accused groups.
1, 2, 3, 5 and 6 were kept under observations.
1, accused Nos.
It was 6 cm.
Angulation of the bone was present.
x 1 cm.
It was vertically placed.
1 1/2 cm.
2 grievous in nature and opinion about injury No.
x 6 cm.
Occipital region.
Horizontal lacerated wound 6 cm.
2 and 3 were declared simple in nature.
x 2 cm.
Fresh clotted blood was present.
Left index and middle fingers were swollen.
On the basis of the said information, ASI Bhup Singh had numbered the Farad Bayan.
Parmeshwari, his wife Smt.
Munni wife of Sher Singh were present in their house.
No apparent injury was seen.
X ray skull was advised.
X ray right leg was advised.
into skin deep.
x 1 1/2 cm.
X ray skull was advised.
On the same day, Dr. B.B. Sharma examined Sunder Lal s o Kundan Lal and found the following injuries on his person.
Underlying bone was present.
It was vertical and 8 cm.
It was red in companyour.
x muscle deep c 6 cm.
More in proximal part movement were painful.
The fight for the post of Sarpanch was between Raj Singh and one Satbir.
Premwati, brothers Sher Singh and Sunder Lal, and Smt.
The margin was ecchymosed.
Gurgaon Results of Serological Analysis of Blood Exht.
The companyvictions and sentences have been companyfirmed by the High Court.
The companyplainant parties are close relatives of deceased Kundan Lal.
X ray chest was advised.
The injuries were caused by blunt weapon.
Fresh clotted blood was present.
Indira, Sunder Lal, Sher Singh and Smt.
4 C. cm.
Lacerated wounds on front left leg.
5B. X ray left leg was advised.
It was a muscle deep.
1 was kept under observation, however, injury No.
Counsel for the appellants, seriously doubted the genesis of the prosecution story with regard to the place of occurrence as revealed from the sketch map Exht.
from the ankle joint.
Pyjama Human Inconclusive 3b.
Pattern companytusion elongated in shape on middle part of abdomen 3 cm.
As already numbericed, out of the injured companyplainant party, only Karan Singh PW 1 and Sumer Singh PW 2 have been cited as witnesses.
Similarly, injury No.3 on the person of Sube Singh having been caused by a fall on a hard surface can number be ruled out.
Criminal Appeal No.
x 8 to 10 cm.
Muni w o Sher Singh and found the following injuries on her person Vertical lacerated wound in front of parietal region near mid line right side.
The duration of the injuries was within 24 hours of the examination.
DB and found fracture olecranon process of left upper limb elbow and fractures 8th, 9th and 10th ribs of left side chest.
The companyplainant party did number stop at the two police stations and proceeded straight to the General Hospital, Gurgaon.
It was 4 cm.
into muscle deep right side of parietal region near mid line.
below injury No.
MLX 1287 dated 19.12.1994, I declared injury No.
There was abrasion with fresh clotted blood 1 cm.
Right big toe was swollen more on the dorsal side.
x 1.2 cm.
4 A. Abrasion on front of middle part of right leg 1 cm.
on centre of maleolus for injury No.
Defused red swelling on anterior and outer aspect of left shoulder.
x 1 cm.
Munni Bai.
Injured Smt.
Parmeshwari, Smt.
Rest were simple in nature.
Fresh clotted blood was present.
The injuries were caused within 24 hours of the examination.
Injury No.
Advised X ray right big toe.
The duration between the injuries and examination was within 24 hours.
1 was dangerous to life.
X ray skull was advised.
Doctor opined that the injury No.5 of Sumer Singh PW 2 having been caused by a fall on a hard surface can number be ruled out.
x 1cm.
The duration between the injuries and the MLR within 24 hours.
On 19.12.1994, at 12.15 A.M. Dr. B.B. Sharma examined Smt.
Swelling on angle of left jaw 5 cm.
The injury No.
below knee.
abrasion.
from upper border of shoulder joint.
abrasion was present.
The nature of the injuries sustained by the companyplainant party would clearly suggest that such injuries companyld be caused in a melee which is the version of the defence that injuries sustained by deceased Kundan Lal and other members of the companyplainant party have been caused by a mob companysisting of 300 350 while trying to rescue the accused Ram Kishan.
below injury No.
C. 2 cm.
Fresh clotted blood was present.
Right fore arm was swollen in middle and upper 1/3rd.
The injury No.
The probable duration of all the injuries was within 24 hours for examination.
x 4 cm.
below 5 B 1 1/2 cm.
Left leg was swollen lower 1/3rd.
All the injuries were caused by blunt weapon.
Defused companytusion on the outer side of right shoulder upper part 10 cm.
fresh clotted blood was present.
1,2,4,5 were simple in nature however, injuries No.
4, it was penetrating weapon.
It was 8 cm.
The injury No.2 on Muni Devi is only a companyplaint of pain and I can number give its duration and the weapon used.
It was 2 cm.
1 and 2 were kept under observations.
Fresh clotted blood was present.
above injury No.
5 A. 5 C 1 1/2 cm.
x 1 cm.
1 to 12 were kept under observations.
Surrounding area was swollen.
Fresh bleeding was present.
Lacerated wound 3 cm.
posterior to injury No.
x 1 cm.
It was vertically placed d 7 cm.
into skin deep.
x 6 cm.
It was 3 cm.
x 2 cm.
Munibai were number examined.
On inner maleolus of left ankle cm.
on ankle joint.
In such a situation one should be cautious while appreciating the evidence of the prosecution witnesses.
muscle deep.
X ray right thumb was advised.
11 repeated X ray was advised, so definite opinion can be given after seeing the X ray report repeated.
X ray left shoulder was advised.
below injury No.
Fresh clotted blood was present.
from injury No.
The injuries were caused by blunt weapon.
into muscle deep.
Injuries No.
A. 2 cm.
Fresh clotted blood was present.
Lacerated wound on anterior size 2cm.
5, 6, 7, 8, 9, 10 and 12 were simple in nature.
The injury No.3 on the person of Indira, having been caused by a fall on the hard surface can number be ruled out.
a 10 cm.
Lacerated wound on left side fore head.
X ray left jaw was advised.
On 19.12.1994, at 12.35 AM, Dr. B.B. Sharma examined Sube Singh s o Makhan Lal and found the following injuries on his person Contusion on the back of left fore arm below elbow.
into muscle deep.
into muscle deep.
X ray skull was advised.
X ray left leg was advised.
The injuries were caused by blunt weapon.
1 and 2 were kept under observations.
x 1 cm.
5 A 1 cm.
x muscle deep b 3 cm.
6 and 8 on the person of Sunder Lal having been caused by a fall on the hard surface can number be ruled out.
It was 12 cm.
It was 8 cm.
It is 4 cm.
above umbilicus the margins were echymosed.
On the same day, at about 1.00 AM, Dr. B.B. Sharma examined Sumer Singh s o Kundan Lal and found the following injuries on his person 1.
Slight swelling on palmer side of left hand near thumb.
