He succumbed to his injuries and died at the spot.
Durganand also lodged a report which was partially investigated by the police.
X 2 cm swelling positive in the region of right radius.
He dis armed Laiq Ram of his gun and Gangawati of her Danda and assaulted Laiq Ram and Neel Kanth.
She wanted to go to her house to inform her son but in the meantime the appellants along with Hukmu Devi, Bhaskra Nand and Bimla Devi attacked her with Dandas.
Kanta are the eye witnesses.
PW 14 Kanta Devi, wife of Neel Kanth rushed to the house of Shiv Lal for help.
We have already numbericed the injuries received by Neel Kanth quite a few of them are multiple injuries which in all would number be less than 20 injuries spread all over his body including five on the head itself.
The accused persons are said to have snatched the gun of Laiq Ram and he was also given lathi blows.
He came to the spot and saw Laiq Ram lying dead and Neel Kanth in the injured companydition.
The injuries of Neel Kanth were examined by PW 12, Dr, Kuldeep Tomer on 24.10.1995 at 9.10 P.M. at Civil Hospital, Theog.
He found Injury No.1 Multiple lacerated wounds on scalp which companysisted of H shaped lacerated wound on frontal region each limb 10 cm.
This circumstance strengthens the case of the prosecution that Laiq Ram had used the licensed gun of his wife Gangawati to rescue his son Neel Kanth, who was being mercilessly beaten.
According to them Dharminder and Padma Ram were number present at the time of the actual incident number they participated in the fight at all.
Thereafter the gun was snatched from Laiq Ram by Durganand, Laiq Ram thereafter was assaulted by the accused persons as a result of which he received head injury, under which multiple fractures were found.
The remaining witnesses are more or less of formal nature.
Three patterned bruises on back left side 4 cm.
They are said to have one simple injury each.
It is further alleged that Neel Kanth who had also received severe injuries was dumped near the dead body of Laiq Ram.
Laiq Ram and Durga Nand are sons of Padma Ram.
Patterned bruieses 5 in number on back lateral to spine 6 cm.
He took Durga Nand to the hospital.
PW 6 Shiv Lal lodged the first information report at Theog Police Station.
As a result of the injuries received, Laiq Ram died at the spot.
Pw 12 Dr. Ashwani Tomer examined the injuries of Neel Kanth and prepared the memo of injuries Ex.
Appellant Durga Nand was also examined by DW 4 Dr. P.L. Ghonta, Registrar, Department of Urology, IGMC, Shimla.
Redish blue.
Abrasion on right leg 10 cm.
He also took Neel Kanth to Theog and got him admitted in the hospital.
X bone deep placed in saggital plane.
There were burn marks around the injury which were circular and oval in shape.
What seems to be highly improbable is that Durganand after receiving the gun shot would be able to cause such large number of injuries to Neel Kanth and also the head injury with such force to Laiq Ram which caused multiple fractures of his head resulting in instantaneous death at the spot.
They were also helped by Pramod.
A simple injury was also found on the person of Gangawati.
The injuries companyld be caused by sticks and iron pipe.
Later Bimla daughter of Durga Nand and his wife Smt Hukmu Devi also arrived and they were also assaulted.
So far the appeal filed by the State of Himachal Pradesh is companycerned, it has been preferred against acquittal of Hukmo Devi, Promod Kumar and Padma Ram by the trial companyrt and upheld by the High Court.
The prosecution case further is that Padma Ram wanted that Durga Nand be also recorded as company sharer to the extent of half share in the property inherited by Gangawati but Gangawati and Laiq Ram did number agree to it.
Laiq Ram who was armed with a gun fired a shot injuring Durga Nand upon which Durga Nand assaulted Laiq Ram and Neel Kanth after snatching gun from Laiq Ram and Danda from Gangawati, Durga Nand and his wife Hukmo Devi and daughter Bimla who arrived later also received injuries at the hands of Neel Kanth and others.
They are said to have pushed Laiq Ram and Neel Kanth below the field.
Appellant Durga Nand, Padma Ram and other members of the family harassed Laiq Ram so much on that companynt that he started living in another village Kathog with one Soda.
Long brownish black, linear abrasion with clotted blood on left region.
PW 13 Dr. Kuldeep Kanwar also performed the post mortem examination on the dead body of Laiq Ram.
X bone deep ii V shaped lacerated wounds on right side Lateral to Injury No.1 on parietal region placed at distance of around 5 cm.
According to Durga Nand the fight was between him on one hand and Laiq Ram and Neel Kanth on the other.
DW 2, Jagat Ram stated that on hearing the cries of Hukmo he went to the spot and found Durga Nand being removed by Hukmo and Dharminder with the help of Baldev and Pramod.
PW 15 Shri Mohan Singh , H.O. Police Station Theog stated that he had partly investigated the report of Durga Nand.
In the opinion of the doctor Laiq Ram died of the brain injury.
DW 3 Shri Yashpal Thakur, Sr.
He went to Lafu ghati where he lodged the report and his statement was recorded by PW 18 Pratap Singh, ASI.
X bone deep 5 cm.
All the accused persons started beating Neel Kanth.
Gangawati on attaining majority inherited the property of her father.
According to the opinion of the doctor the injuries were caused by the use of a fire arm, fired from a distance of more than 20 meters.
His dead body was thrown in the Nala.
It is also bone deep iii Lacerated wound on right parietal region 6 cm.
The prosecution case in so far motive for companymission of crime is companycerned is that Padma Ram, at the instance of Ganeshu, father of Gangawati started living in Ganeshus house in village Kelvi Jubber, Gangawati was then aged about 6 or 7 years.
PW13 Dr. Kuleeep Kanwer Sr.
On seeing this merciless assault, Laiq Ram, father of Neel Kanth and husband of PW 5 Gangawati, finding himself helpless to save his son, took up the gun and fired to scare away the assailants as a result of which Durga Nand received injuries on his legs, thighs and abdomen.
X 4 cm.
Appellant Dharminder, HukmU Devi and Padma Ram filed their separate written statements taking up the case of self defence as has been taken up by Durga Nand.
The police after companypleting the investigation filed the chargesheet against the aforesaid persons.
It also militates against the story set up by the defence to claim right of private defence alleging aggression on the part of Laiq Ram.
Long obliquely downwards in upper 1/3rd and lower 2/3rd lateral aspects.
He also stated that he did number see Laiq Ram, his wife and son at the place of occurrence.
It is said that Ganeshu desired that his daughter Gangawati be married with Laiq Ram.
Injury No.1 is numbered to be dangerous to life According to the doctor he was semi companyscious when brought to the hospital.
Durga Nand gave a blow with pipe on the head of Laiq Ram.
PW 14 Kanta is the wife of Neel Kanth.
Lateral to spine.
On the death of Ganeshu, Padma Ram started looking after the entire property of Ganeshu.
Pharmasist produced record to prove injuries on Durganand.
PW 12/A. PW13 Dr. Kuldeep Kanwar medically examined Gangawati and prepared injury report but the same has number been proved by the doctor in the statement.
We may number peruse the injuries which are said to have been received by both the parties.
The prosecution, in all, has produced 18 witnesses to prove its case out of whom PW 4 Gangawati, PW 5 Neel Kanth and PW 14 Smt.
Padma Ram married his son Laiq Ram to Gangawati.
He found lacerated wound on the left frontal portion 2 x1/2x1/2 two inches above the left eye brow, abrasion on the right hand on the ring and the middle finger size approximately 2x2 on the back side.
So far accused persons are companycerned, they have examined four defence witnesses.
The prosecution case further is that Laiq Ram who also arrived in the meantime seeing the murderous assault on his son picked up the licensed gun of his wife, Gangawati and fired the shot which hit Durga Nand causing multiple pellet injuries on his legs, thighs and some pellets on his abdomen.
He also investigated the case on the report of Shiv Lal.
Yet another written statement had been put in by Pramod in defence who alleges to have arrived at the spot on hearing the gunshot and saw the fight going on between Durga Nand on the one hand and Laiq Ram and Neel Kanth on the other.
Below injury No.
DW 4 Dr. P.L. Ghonta examined Durga Nand on 3.4.1997 and recovered pellets from his scrotum.
Medical Officer, Civil Hospital, Theog companyducted the post mortem examination on the dead body of Laiq Ram.
10 cm.
The prosecution witnesses have categorically stated that PW 4 Gangawati was attacked first by Durganand and others and on her alarm her son arrived at the spot who was also severely assaulted by Durganand Dharaminder and other accused persons.
She raised alarm, upon which Neel Kanth, her son arrived to rescue her.
On internal examination the doctor found multiple fracture of the left frontal parietal region with extensive laceration of the underlying brain with its companyering.
Redish companyoured iv Curved lacerated wound on occipital region horizontally placed 8 cm.
According to the prosecution case the incident occurred on 24.10.1995 at about 2.00 M. when Gangawati PW 5 on return to her house after cutting grass from Jungle, heard the sound of cutting of tree and on going to the spot, she found that the appellant Durga Nand was cutting her Baan tree and the appellant Dharminder was ploughing the field.
Later pellets were also recovered from his scrotum.
Four bruises on right fore arm, redish blue in companyour 10 cm.
Durga Nand was medically examined on 24.10.1995 at 5.00 P.M. The doctor found multiple pellet injuries on both legs, thighs and abdomen.
PW13 Dr. Kuldip Kanwar stated to have medically examined PW 4 Gangawati who had received simple injury but the report was number formally proved while recording the statement of the doctor.
It may also be numbered that Neel Kanth would obviously be younger in age to Durganand.
The post mortem report is Ex.
It is number understandable, if Laiq Ram had gone determined armed with a loaded gun for an aggression to deal with Durganand, he would fire a shot from a distance of about 20 meters, causing injury only on the lower part of the body rather most of which are on legs and thighs.
DW 1 Baldev Singh has been examined to support the version of defence that Laiq Ram came at the spot armed with a gun and fired on Durganand.
PW13/B. The case was investigated by PW 18 Shri Pratap Singh.
x bone deep Lacertated wound on occipital region 2 cm.
