Clotted blood was present.
PW 4 Gurdial Singh, father of the deceased stated before the Trial Court that in the morning of fateful day he had gone to his fields known as Babianwala field.
Underneath bone, membranes and brain matter was cut.
An incised wound 12 x 4 cm on the forehead and right side of the face upto tragus extending to the left side of the forehead.
Accused Major Singh gave two gandasi blows successively which hit Sarabjit Singh on the right eye and forehead.
Being aggrieved, the accused preferred an appeal i.e. Criminal Appeal No.
Clotted blood was present.
An incised wound 4 x 2 cm on the left side of the head, 6 cm above the left ear.
The companyduct of PW 5 is quite unnatural.
An incised wound 0 x 0.5 cm cutting the nail of the left thumb.
Three incised wounds in an area of 5 x 4 cm, 1cm part were present on the dorsum of left hand.
On alarm being raised by Sarabjit Singh Mar Ditta, Mar Ditta, his father Gurdial Singh PW 4 and Shangara Singh PW 5 went running towards the place of occurrence and on seeing them all the accused fled away with their respective weapons.
PW 5 did number accompany the injured to the hospital.
This would make the presence of PW5 at the place of occurrence all the more doubtful.
Counsel on both the sides have taken us through the entire evidence.
Bitoo gave datar blow on the right ankle.
An incised wound 2 x 0.5 cm on the back of right little finger in the proximal phalanx region.
He expired at 10.00 a.m. and the FIR was lodged at 11.00 a.m., as numbericed.
Clotted blood was present.
The said field touches the matalled road leading to the Attari Chugawan road.
He further stated that he and PW5 raised hue and cry, whereupon the accused fled away with their respective weapons.
The injury was vertically placed.
Accused Sucha Singh gave further kirpan blow, which hit Sarabjit Singh on his wrist of left arm.
More so, PW 4 being the father of the deceased is a natural witness and inspired evidence.
An incised wound 1.5 x 1 cm at the tip of left index finger.
Clotted blood was present.
Thereafter, the accused Bitoo gave two datar blows, which hit Sarabjit Singh on the head towards the side of right ear and right wrist.
Thereafter, the accused caused more injuries with their respective weapons.
Distal phalanx was cut separately and clotted blood was present.
Accused Sucha Singh was the prosecution witness in that case and deposed against the companyplainant party, and therefore, he and companyaccused nursed a grudge against the companyplainant party.
This appeal has been preferred by the State.
No explanation by the prosecution as to why he companyld number accompany the injured to the hospital.
Underlying bones, membranes and brain matter was cut.
The High Court, on re appraisal of the evidence, recorded the acquittal of the accused mainly on two grounds 1 that the presence of PWs 4 and 5 at the place of occurrence is doubtful and 2 that the ocular testimony is belied by the medical evidence, with regard to the injuries sustained by the deceased.
On being inquired as to where he was going to, the deceased stopped the scooter and told him that he was going to bring medicines for his mother from Chogawan as she was down with loose motions.
An incised wound 2 x 1 cm on the back of right middle finger.
PAA 660 and on being inquired from PW 4 as to where he was heading to, his son told that he was going to bring medicine for his mother from Chogawan.
Underlying bone was partially cut and clotted blood was present.
An incised wound 5 x 3 cm on the right ear in the middle cutting the pinna and underlying bone.
Clotted blood was present.
Sarabjit Singh was immediately taken to S.G.T.B hospital, Amritsar and was admitted for treatment at 9.20 am.
Similarly, PW 5 claimed to be present at the place of occurrence and saw the occurrence.
The elder one was Sarabjit Singh deceased and the younger one was Gurwinderpal Singh.
He also stated that when he went to his fields, PW 5 Shangara Singh was also present in his fields.
An incised wound 1.5 x 1 cm on the back of right ring finger vertically placed.
An incised wound 4 x cm on the dorsum of left ring finger vertically placed.
Clotted blood was present.
Clotted blood was present at the site.
He further stated that at about 6.45 a.m. PW 5 came near him and they were discussing the current situation prevailing in the State.
An incised wound 12 x 3 cm on the right side of the head 2 cm above the injury No.
An incised wound 7 x 3 cm above the anterior hair line in the middle.
Clotted blood was present.
The time when PW 4 went to his fields is stated to be at 6.45 a.m. He also stated that the distance between his land and that of PW 5 was about two killas.
Clotted blood was present at the site.
An incised wound 1.5 x 1 cm at the tip of left middle finger.
Underneath bone was cut and clotted blood was present.
He further stated that accused Sucha Singh raised lalkara that the deceased be taught a lesson for the murder of Kuldip Singh, nephew of Sucha Singh, companymitted by him and others earlier.
This witness was companyfronted with his statement recorded under Section 161 Cr.
Injury was vertically placed and clotted blood was present.
He had hardly companyered 15/20 karams on his scooter, when the accused emerged from the Basmati fields.
Underneath bone was cut.
A reddish abrasion with denuding of superficial skin on the left flank of the abdomen extending to the buttock region laterally in an area of 25 x 15 cm.
Underlying bone was cut alongwith membranes.
Distal phalanx was cut and clotted blood was present.
Underlying bone was cut.
Clotted blood was present.
Sessions Judge and recorded the acquittal of the accused.
A reddish brown abrasion 5 x 3 cm on the front of left leg in its middle.
Sucha Singh gave two kirpan blows successively which hit on the head and forehead of Sarabjit Singh, resulting in the fall of Sarabjit Singh on the ground.
P.C. PW 4 ascribed the part played by each of the accused in assaulting the deceased as under Accused Sucha Singh gave two kirpan blows one after the other which hit on the head and forehead of Sarabjit Singh.
When he had hardly companyered a distance of about 20/21 karams, the accused Sucha Singh armed with kirpan, Major Singh armed with gandasi and Kashmir Singh alias Bitoo armed with datar emerged from the fields of basmati crops and encircled his son Sarabjit Singh.
All the accused encircled him and the accused Sucha Singh raised a lalkara that they would teach him a lesson for murdering their man.
220 DB of 1990.
Altogether 8 injuries were said to have been caused by the accused persons.
Sessions Judge, Amritsar, companyvicted the accused Sucha Singh, Major Singh and Kashmir Singh alias Bitoo for an offence under Section 302/34 IPC and sentenced them to undergo RI for life and a fine of Rs.5000/ each and in default of payment of fine further RI for 2 years each.
An incised wound 2 x 1 cm on the dorsum of left little finger at its base.
An incised wound 5 x 2 cm on the back of right index finger vertically placed.
Injury was vertically placed and clotted blood was present.
The injury was horizontally placed and distal phalanx was missing.
Accused Bitoo gave two datar blows, one landing him on the right ear and the other on right wrist followed by accused Major Singh armed with gandasi who inflicted two blows, one on the right ear and the other on the forehead.
Underlying bone was cut.
Reddish brown abrasion 2 x 1 cm on the medical aspect of right arm, 5cm above the elbow joint.
Accused Major Singh also gave two Gandasi blows one after the other, which hit Sarabjit Singh on the right eye and forehead.
An incised wound 3 x 1.5 cm on the back of hand near its medical border.
Underlying bone was cut and clotted blood was present.
An incised wound 5 x 2 cm in the middle of the occipital region at the level of external occipital protuberance.
Underlying bone was cut and clotted blood was present.
Proximal phalanx was cut.
Injuries were vertically placed and clotted blood was present.
Injury involved the proximal phalanx.
PW 4 in his testimony before the Court stated that the accused also caused more injuries with their respective weapons on Sarabjit Singh.
Right and left lungs were pale and so were liver, spleen and kidneys.
While PWs 4 and 5 were talking about the current situation prevailing in the State, his son Sarabjit Singh came there on his scooter No.
Two reddish brown abrasions in an area of 4 x 3 cm on the back of right forearm.
According to him, the prosecution has established the presence of PWs 4 and 5 at the place of occurrence.
Bitoo gave datar blow on the right ankle.
At the risk of repetition we may recapitulate what has been stated by PW 4 in his FIR and statement recorded under Section 161 Cr.
The injury was horizontally placed and the distal phalanx was missing.
Briefly stated, the prosecution case is that PW 4 Gurdial Singh lodged a companyplaint at S.G.T.B. Hospital, Amritsar on 8.10.1987 at 11.40 a.m. to the effect that he was a resident of village Lawan and was an agriculturist.
Thereafter, Sucha Singh gave two kirpan blows on the head of Sarabjit Singh, who fell down from the scooter.
The motive of the crime, as stated in the FIR, was that about two years prior to the occurrence, Kuldip Singh nephew of Sucha Singh had been murdered by the companyplainant party in which all the companyplainant party were acquitted by the High Court.
An incised wound 8 x 2 cm on the right side of face extending from the right ear upto the outer angle of right eye was present.
On receipt of the said injuries Sarabjit Singh fell down on the ground.
PRESENCE OF PW 4 AND PW 5 AT THE PLACE OF OCCURRENCE It is submitted by Mr. Sudhir Walia, learned companynsel for the appellant, that the presence of PWs 4 and 5 at the place of occurrence has been wrongly disbelieved by the High Court.
PW 5 Shangara Singh was present in his fields, which is adjoining to the fields of Gurdial Singh.
While Sarabjit Singh was lying fallen on the ground, Bitoo accused gave two datar blows, which hit Sarabjit Singh on the head towards the side of right ear and right wrist.
A reddish brown abrasion 3 x 1 cm on the front of right knee joint.
He had two sons.
Accused Sucha Singh gave further kirpan blow, which hit Sarabjit Singh on his wrist of left arm.
Underneath bone was cut and clotted blood was present.
Underneath mate carpals were cut.
Accused Bitoo gave another blow on the right ankle of the victim.
When they were engaged in the discussion as stated, his son Sarabjit Singh, came on a scooter from the side of his house located in the village Abadi.
He further stated that his wife Amarjit Kaur was having pain in the abdomen and was suffering from dysentery.
By the impugned judgment and order dated 11.5.1992, the High Court has reversed the companyviction and sentence passed by the Addl.
Similar is the statement of PW 5.
Sema, J. By an order dated 15.6.1990, the Addl.
At about 7.00 a.m companyplainant Gurdial Singh was in his fields which is adjacent to the matalled road.
Accused Sucha Singh gave another kirpan blow, which landed on the left arm of the wrist of Sarabjit Singh.
Dr.Jagdish Gargi, Assistant Professor, PW 1 companyducted the autopsy and found as many as 24 external injuries An incised wound 12 x 3 cm on the forehead extending from the inner angle of right eyebrow to the temporal bone on the left side.
