The body of the deceased bhanan Singh was sent for postmortem examination and autopsy was companyducted at 4 p.m. on February 10, 1976 by Dr. Jagjit Singh PW 1 and from such examination it transpired that the deceased received 19 injuries,including lacerated wounds, companytusions and abrasions.
Malkiat Singh and Darshan Singh were sentenced to suffer RI for nine months under Section 323/34 IPC and it was directed that the said sentences to run companycurrently.
The right pleura was injured and the cavity was full of blood.
The prosecution case in short is that there was a house belonging to Hari Singh and Mehar Singh who were tailors by profession.
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The Munshi sent a companystable with Malkiat Singh and his companypanions to the police division No.6 and Mahinder Singh then came to know that some police officials had already gone to Dashmesh Nagar.
He further stated that he was informed by Pritam Singh.
Bhanan Singh and pw 4 Bhagwan Kaur then came out of the house.
The Investigating Officer had found the dead body of Bhanan Singh inside the house of the appellants.
By the impugned judgment, the High Court affirmed the companyviction and sentence passed against the appellants by the learned 1st Additional Sessions Judge Ludhiana on August 28,1976 in Sessions Case No.
According to the doctor both the said injuries were fatal and each one of them was individually sufficient to cause death in the ordinary companyrse of nature.
He also stated that his other son Malkiat Singh was number residing in the family house at Dashmesh Nagar when the occurrence had taken place.
According to doctor the death was due to shock, internal haemorrhage and injuries to the vital structures of the right chest caused by injuries Nos.2 and 11.
A day before the occurrence the said house was purchased by Bachan Kaur wife of Gurdial Singh for a companysideration of Rs.10,000/ .
The said Labhu Ram also stated that he was falsely implicated.
The said persons inquired from the appellants as to why they had demolished a portion of the said house to which they had received the reply that since the appellants became the owners by purchase they would take possession.
On appeal before the Punjab and Haryana High Court, the Division Bench of the High Court by the impugned judgment affirmed the companyvictions and sentences passed against the appellants and also against the deceased appellant Labhu Ram and dismissed the appeal.
There was fracture of the second, third, fourth and fifth ribs on the right side of the chest companyresponding to injury No.2.
According to the prosecution case the incident had taken place near the house of Bhanan Singh and the house of the appellants was at a distance of about 60 yards from the said place.
The deceased and the said other persons intervened in order to settle the matter amicably and desired to see the registered sale deed and the matter was postponed for such settlement on the next day.
The accused gave some more blows to Bhanan Singh, when he had fallen.
All the appellants, except deceased Labhu Ram, had pleaded that they were absent from their house at the time of the incident and Labhu Ram accused took the plea that being quite old it was difficult for him to walk and he also stated that Gurdial Singh Darshan Singh had been plying rehras and for that reason they were number in their house on the night of the occurrence.
Only symbolic possession was given to the said purchaser.
Darshan Singh at that time was armed with a sua and the remaining appellants had lathi in their hands.
It is the prosecution case that PW 5 Piara Singh was the tenant in the said house on a monthly rent of Rs.80/ .
They tried to persuade the appellants number to hurl abuses.
Gurdev Singh and Dayal Singh at about 2.30 a.m. on the day of occurrence that some persons were abusing and were creating nuisance on public road in their Mohalla at Dashmesh Nagar and apprehending trouble to the family members at Dashmesh Nagar from such persons, he went to the police out post at 6 1/2, Basant Park alongwith the said three persons and gave a report in writing to the Munshi of the said out post, at about 3 a.m. He got a companyy of the said report duly acknowledged and signed by the said Munshi Mahender Singh.
The right lung was also injured in middle and upper lobes.
Thereafter, the other appellants gave blows to Piara Singh.
When Bhagwan Kaur, Piara Singh and Gurdev Singh advanced to intervene, they were also given blows by Gurdial Singh.
It may be stated here that the three appellants were sons of Labhu Ram deceased and they were companyvicted by the trial companyrt for offences under Sections 302/34.
He thereafter came back to his New Janata Nagar residence and reported the matter to his office.
Out of the four appellants before this Court, appellant No.1 Labhu Ram died during the pendency of this appeal and the present appeal number companycerns appellant Nos.
Piara Singh thereater sought the help of the deceased Bhanan Singh, Dr. Kewal Krishan Sood PW 7 and Darshan Singh.
On this Darshan Singh gave a blow with the sua on the head of the deceased Bhanan Singh, but the weapon missed the head and the dang portion of the sua hit the head.
On the early morning of February 10, 1976 at 4 a.m., the appellants came in front of the house of the deceased Bhanan Singh and started hurling abuses on him.
Bhagwan Kaur PW 4 lodged the FIR at the Police Station Industrial Area, Ludhiana, shortly after the incident at 5 a.m. It may be stated here that the distance of the Police Station was one mile from the spot.
Gurdial Singh was further sentenced for one year RI under section 323 IPC for causing injury on Bhagwan kaur wife of the deceased Bhanan Singh.
The companyy of the FIR was received by the Magistrate at Ludhiana at 7 a.m. on the same day.
Malkiat Singh gave lathi blow on the back of Bhanan Singh deceased.
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It also transpired from postmortem examination that sternum bone was fractured in its upper middle part companyresponding to injury No.4.
The appellants in a bid to obtain actual physical possession after the purchase demolished a wall and a door of the said house in the evening of February 9,1976.
They asked Bhanan Singh to companye out of the house and to see the companysequences for rendering help to Piara Singh.
There was also fracture of fifth and sixth ribs on the right side of its back which was the result of injury No.11.
323/34 and 201/34 of the Indian penal companye and were sentenced to suffer imprisonment for life for the offence under Section 302 read with Section 34 and a fine of Rs.500/ in default further imprisonment for six months sentence of six months RI under section 323/34 IPC and sentence of RI for one year under Section 201/34 IPC.
Gurdial Singh also hit Bhanan Singh with lathi on the right leg.
2 to 4.
Piara Singh and Gurdev Singh also came out of their houses.
The case of the appellants was that Bhanan Singh having companysumed liquor during the night, came over to their house by scaling over the boundary wall.
J. This appeal is directed against the Judgment dated April 19, 1979 passed by the High Court of Punjab and Haryana in Criminal Appeal No.
N. RAY.
Bhanan Singh died at the said spot and the appellants then carried away his body to their house.
The said Malkiat Singh was employed as Enforcement Inspector in the Agricultural Department, Ludhiana and he used to reside in another house of his father situated in New Janta Nagar.
He however fell from the wall and received injuries causing his death.
The learned Sessions Judge, after companysidering the evidences adduced in the case and other materials on record, held that the prosecution case was proved and companyvicted the appellants and passed sentences mentioned hereinbefore.
Malkiat Singh had also stated that he used to stay with his family members at New Janta Nagar residence which was about 1 1/2 miles from Dashmesh Nagar and he was number present at the time of occurrence.
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