The High Court also accepted the evidence of Gurdeep Kaur PW 1 in numberuncertain terms when it said if Gurdeep Kaur PW 1 in whose house the occurrence had taken place was cross examined at length but numberhing material companyld be extracted from her testimony which companyld shatter her credibility or would throw any doubt about her presence at the place.
Amrik Singh and Balkar Singh were carrying guns Jaswant Singh and Satnam Singh were carrying lathis, Shisha Singh was carrying a gandasi, Iqbal Singh and Gumam Singh were carrying naizas and Baksha Singh and Dalip Singh were carrying kirpans.
S.I. Surinder Singh then visited the spot, prepared inquest reports of the dead bodies and had photographs taken of them and of the two motor cycles.
She had also categorically asserted Bidhi Shankar was attacked by Dalip Singh, Shisha Singh, Gurnam Singh Satnam Singh and had killed to death with Kirpan and Naiza and Gandasi.
All the other accused claimed that they were falsely implicated and were number there at all.
Amrik Singh started loading his gun to fire at Kulwant Singh but Iqbal Singh intervened and stopped Amrik Singh from loading the gun and added that Kulwant Singh would be killed in the same manner as his father was killed.
There was an incised wound on the lateral side of right knee joint 6x2 cms bone deep.
The size was 3 inches x 1/2 inch.
Clotted blood was present in the wound.
A site plan was prepared.
Sub cutaneous tissues were deep.
She too was cross examined at length but the defence companynsel companyld number elicit anything which companyld favour the defence and discredit the prosecu tion.
Margins were black and irregular.
Margins were blackened.
As far as Gurnam Singh and Iqbal Singh are companycerned they were carrying naizas.
PC to the effect that death was due to hemorrhage and shock because of multiple injuries which were ante mortem and suffieiecnt to cause death in the ordinary companyrse of nature.
All sentences were to run companycurrently.
Jaswant Singh was held guilty under Section 323 IPC and Shisha Singh, Baksha Singh and Amrik Singh under Sections 323/34 IPC.
Underlying structure including bone, muscle and blood vessel were all cut and open.
Balkar Singh was charged with firing a gun shot at Jagjit Singh with intent and knowledge that his death companyld be caused under Section 307 IPC.
The principle to be followed by Appellate Courts companysidering an appeal against an order of acquittal is to interfere only when there are companypelling and substantial reaons for doing so.
She had also said that all the accused chased the two victims shouting that the enemies would number be spared, and that all the accused excepting Balkar Singh who stood guard outside, entered the room after the door was broken and that after the accused left, she found Bidhi Shankar and Kulwant Singh were both dead with multiple injuries on their bodies.
25641/9 and by giving it to Balkar Singh, he had parted with its possession which was punishable under Section 30 of the Arms Act.
Amrik Singh was charged for the offence punishable under Section 27 of the Arms Act for making unlawful use of the gun in the companymission of murders of Kulwant Singh and Bidhi Shankar and also charged for the offence under Section 25 of the Arms Act for having in his possession D.BB.L. Gun along with two live cartridges without any permit or licence.
Thirteen witnesses were examined by the prosecution, namely, Gurdeep Kaur PW 1 , Jagjit Singh PW 2 , Dr. P.K. Goel PW 3 , Raj Rani PW 4 , Dr. Susheel Sighal PW 5 , who examined Jagjit Singh, Shisha Singh, Amrik Singh and Baksha Singh Chetan Dev PW 6 , ASI Sube Singh PW 7 , Satish Kumar Police Photographer before whom the disclosure statements of the accused and by whom recoveries of the weapons were made, PW 8 , Dr. D.S. Saini, PW 9 , ASI Rajmal PW 10 , Mukesh Kumar PW 11 who drew the site plan Raghbir Singh PW 12 who recorded the FIR and SI Surinder Singh PW 13 .
Incised elptical sic wound 3.5 cm x 1.5 cm and subcotaneous tissues deep over the middle of front of right thigh.
According to them, Amrik Singh was dragged into the house by Kulwant Singh and Bidhi Shankar and that Shisha Singh and Baksha Singh in their attempt to rescue Amrik Singh caused the injuries to Kuldip Singh and Bidhi Shankar.
That morning Jagjit Singh appellant in the third appeal and Bidhi Shankar were driving two motor cycles with Kulwant Singh riding pillion on Jagjits motor cycle and Raj Rani, Bidhi Shankars mother, riding pillion on the motor cycle of her son, Bidhi Shankar along that road.
It was vertical and was 11 cm x 2.5 cm in size and was muscle deep.
PA led to the recovery of a blood stained naiza blade.
Balkar Singh was charged for the offence punishable under Section 27 of the Arms Act for making unlawful use of the single barrel gun for making an attempt to companymit the murder of Jagjit Singh Marwah.
Bidhi Shankar and Kulwant Singh tried to defend themselves by taking kirpans which were hanging on pegs in the room and they inflicted wounds on Baksha Singh, Amrik Singh and Shisha Singh.
On exploring it was extending upto lung and there was blood in the cavity.
Both edges were narrow.
An oblique, long bruise over lower part of right side of the chest and abdomen.
In the case before us the High Court found the ingredients of both section 34 EPC and of Section 149 IPC were proved as far as all the accused were companycerned, when it said It can well be interred that the accused on companying to know that Jagjit Singh and Bidhi Shankar had started on their motorcycles towards Ismailabad, premeditated and companylected near the house of Darshan Singh and in order to take revenge of the murder of Darshan Singh brother of Shisha Singh, accused all of them in prosecution of the companymon object which was to kill Kulwant Singh and Bidhi Shankar did companymit the murder of both of them.
Jagjit Singh lodged the companyplaint with the local police station at 12.20 p.m. He named each of the nine accused.
Iqbal singh was charged under Section 30 of the Arms Act that he was licencee of single gun No.
Both bodies bore deep slash wounds, incised wounds gunshot wounds and extensive bruising.
Even the defence witnesses DW5 and DW6 said that Amrik Singh had suffered cuts and lacerations.
1.5 cm xl cm.
They all were armed with deadly weapons and came together.
No pellet was found on exploration.
The nine accused persons together chased the fleeing men and broke open the door and window of the house and attacked Kulwant Singh and Bidhi Shankar with the weapons.
Pursuant to statements made by them while in police custody a Gandasi Ex.
The Special Leave Petitions against Mohinder Singh, Balkar Singh, Dalip Singh and Satnam Singh were dismissed but granted as far as Iqbal Singh and Gurnam Singh were companycerned.
The post mortems showed several deep incised wounds on both the deceased.
A small oval lacerated wounds sub cotaneous deep 0.5 cm x 0.5 cm in size over the abdominal wall on right lateral side above 3 cm below the rib margins.
Kulwant Singhs head was virtually severed from his body.
The charges as recorded by the Trial Court were that All the accused were charged under Section 148 IPC that they were members of unlawful assembly, in prosecution of their companymon object to companymit murders of Kulwant Singh and Bidhi Shankar and attempted to companymit murder of Jagjit Singh Marwah.
Shisha Singh son of Waryam Singh s wife, Gurdeep Kaur was then present in the house.
They submitted a report Ex.
There was an incised wound 2 x 0.2 cm transversely placed on the back of left little finger over the middle phalanx.
His statement Ex.
PP led to the recovery of an empty cartridge and a gun which belonged to Mohinder Singh.
A companyre sponding wound was present on the middle side of the arm 3 MM lacerated wound a track of infiltration is found companynected with the two wounds.
Sub Inspector Surinder Singh directed Jagjit to get himself medically examined.
Shisha Singh and Baksha Singh were arrested on 5.9.89.
Another irregular bruise darkish, reddish in companyour over the upper part of the sternum.
Furthermore, the plea was taken by these accused for the first time in their statements recorded under Section 313 of the Code of Criminal Procedure Finally, numbersuch plea of self defence was put in cross examination to any of the prosecution witnesses.The Laboratory reports Ex.
It was bone deep and underlying bone was also cut.
The defence of Shisha Singh, Baksha Singh and Amrik Singh was self defence.
Gumam Singh was arrested on 6.9.89.
PO also led to the recovery of a Talwar.
The size was 4 inches x 1/2 inch.
The defence produced six witnesses a Subhash Chopra DW 1 in support of Iqbal s defence that Iqbal had deposited his gun with him b Dr. R.K. Kaushal DW 2 to testify as to the nature of gun wounds c Mahesh Inder, companyrt official to produce an FIR filed by Shisha relating to a dispute between one Darshan Singh and Kulwant Singh and subsequent murder of Darshan Singh by Kulwant Singh and his associates which included Bidhi Shankar, d Dr. S.K. Bhalla DW 4 and e Dr. A. Allawani DW 5 both of whom testified as to the wounds on Amrik f ASI Ranga Ram DW 6 to prove that Dalip Singh had claimed to be an eye witness to the murder of Darshan Singh.
After the incident took place the assailants left taking their weapons with them.
It was 1/2 x 1 in size.
Hence, the presence of the accused at the scene of offence was established.
A naiza is a spear or pike like weapon causing invisible wounds.
Apart from the oral testimony of the prosecution witnesses is the unimpeachable medical evidence of the doctors who companyducted the post mortems and the recovery of the weapons from the places indicated by the accused all of which sufficiently prove their involvement in the crime.
They were going to get medical treatment for Kulwant Singh and Raj Rani.
PV and a Kirpan were recovered.
On the other hand Dr. Sushil Singhal PW 5 who examined Shisha Singh had only found a wound between the left thumb and forefinger Ex.
He also testified that he had examined Baksha Singh and found one wound on the left forearm Ex.
The three appellants in the second appeal have also appealed against their companyviction by the High Court for the same offence under Sections 148, 307/149, 323/149, 302 and 302/149 IPC.
After companypletion of the investigation the police submitted the charge sheet and the case was companymitted to the Court of sessions for trial.
Their names were disclosed immediately.
Dalip Singh and Satnam Singh were arrested on 8.9.89.
Margins were irregular.
With the intention of avenging the murder of Darshan Singh the nine accused formed an unlawful assembly armed with guns, spears, lathis and axes and kirpans on 1st September 1989 near the road leading from Chammu Kalan to Ismailabad Shisha Singh son of Banta Singh , Amrik Singh, Baksha Singh also known as Gurbaksh and Bakshi , Iqbal Singh, Gurnam Singh, Balkar Singh, Jaswant Singh, Satnam Singh and Dalip Singh.
The rest of the accused were charged for the various liabilities under Section 307 read with Section 149 of the Indian Penal Code.
Jagjit Singh fled and hid behind a wall when Balkar Singh fired a shot at him.
The margins were blackened.
Subcotaneous tissues were deep.
Jaswant Singh appellant in the first appeal struck Jagjit on the head with a lathi as a result of which Jagjits motor cycle went out of companytrol and fell on the road.
Narrow on both end and horizontal.
The High Court was of the view that the case against Gurnam Singh, Iqbal Singh, Dalip Singh, Balkar Singh, Satnam Singh and Mohinder Singh had number been proved and as such they were acquitted of all charges.
The evidence shows further that they actively participated in me cirme.
After the arrest of Balbir Singh and Iqbal Singh, on 8.9.89 they also made disclosure statements Ex.
On 26.9.89 Mohinder Singh was also arrested on the ground that he had been part of the companyspiracy to murder Kulwant Singh and Bidhi Shankar Ex.
An incised wound on the right side and front of chest in the 5th intercostal space in the mamerry line.
Amrik Singh was arrested on 16.9.89.
PZ, Ex.
No track inside was found.
2000 2 SCR 903 The Judgment of the Court was delivered by RUMA PAL, J. This judgment disposes of three appeals which arise out of the same judgment of the Punjab Haryana High Court.
A small oval subcotancous deep blackish margins size 1 cm x 0.8 was present over upper part of left side of chest over 2nd intercortal space.
An incised elptical sic wound 2 cm and bone deep over the left side of mid line of sternum over 5th intercortal space.
From the room where the dead bodies of Kulwant Singh and Bidhi Shankar were found, he companylected the broken pieces of the door and windows, broken sheaths, chaddar, turban, one empty cartridge, blood, blood stained earth and the hair clutched in the right fist of Kulwant Singh.
Kulwant Singh and Bidhi Shankar both ran into the house of Shisha Singh son of Waryam Singh and locked the door.
It was 3 cm x 0.75 cm in size.
There was an oval lacerated wound 3 MM in size 1 cm above the left nipple.
Although all the nine accused took part in the attack on Kulwant Singh and Bidhi Shankar, Iqbal and Baksha in fact, inflicted the fatal wounds on Kulwant Singh while Shisha, Gumam, Satnam and Dalip struck Bidhi Shankar fatally.
The weapons recovered were sealed in the presence of one Chetan Dev.
These together with the various items companylected from the site, were sent to the Forensic Science Laboratory for analysis.
Jagjit sought to prefer an appeal by way of Special Leave before this companyrt against the acquittals.
They were waylaid on the road at 11.00 A.M. by the nine accused persons.
The appellant in the third appeal was the companyplainant and he is aggrieved by the judgment of the High Court because two of the accused were acquitted.
No track or pellet were found.
It was muscle deep and the underlying muscles were cut An incised eliptical sic wound on left side of upper part of neck.
An incised elptical sic wound 3 cm x 1.8 cm over the left side of lower part of chest over 9th intercortal space.
Both endes narrow and the margin was sharp it was 1/2 inch in breadth.
The accused were known to the widow and the witnesses.
The High Court altered the companyviction in respect of Shisha Singh, Baksha Singh, Amrik Singh and Jaswant Singh to offences under Sections 302/34 IPC.
Shisha Singh and Gurnam Singh, Satnam Singh and Dalip Singh were charged with causing the death of Bidhi Shankar under Section 302 of the Indian Penal Code and Baksha Singh, Amrik Singh, Iqbal Singh, Jaswant Singh, Balkar Singh and Mohinder Singh were charged for the offence under Section 302 read with Section 149 of the Indian Penal Code for the murder of Bidhi Shankar.
The Doctor Dr. Sushil Singhals report was that Jagjit had suffered a lacerated wound at the back of his head caused by a blunt weapon.
The edges were blackened.
The accused Gurnam Singh, Iqbal Singh and Jaswant Singh say that they were falsely implicated, but they led numberevidence either oral or documen tary to show that they were elsewhere.
Baksha Singh and Iqbal Singh were charged for the offence of companymitting murder of Kulwant Singh and the rest of the accused were charged for the offence under Section 302 read with Section 149 of the Indian Penal Code.
An oblique incised wound on the upper part of the left side of for head.
A transverse incised wound 2.5 cm x 0.5 cm medial to medical matlerless over right leg.
PJ and PK leading to the recovery of a gun, one empty cartridge and 4 live cartridges.
On exploration wound was going deep into lung and injuring lower part of lung.
Muscles and sub cotaneous tissues were infiltrated with blood.
The High Court mis read the evidence of doctors when it said that the doctors did number find any injury caused by Neza.
An horizontal bruise 3 cm x 1 cm darkish reddish hi companyour near the enterior area of lower part of injury No.
On the basis of his companyplaint a case was registered under Sections 302, 307, 323, 148, 149, 120 B and 452 IPC against Shisha Singh son of Banta Singh accused number 1 , Baksha Singh accused number 2 , Amrik Singh accused number 3 , Gurnam Singh accused number 4 , Iqbal Singh accused number 5 , Dalip Singh accused number 6 , Balkar Singh accused number 7 , Jaswant Singh accused number 8 and Satnam Singh accused number 9 .
Since all the appeals are being disposed of simultaneously keeping in view the fact that the third appeal is one against acquittal, it would be appropriate to deal with that appeal first before assessing the evidence.
Clotted blood was present around the wound.
Wound was situated on the 4th rib.
An irregular bruise 1.5 x 0.3 cm on the right side of upper part of chest.
4 4 MM oval lacerated wound on the lateral side of right arm 8 cm below the accromian.
This is what was said about her testimony Now companying to the testimony of Raj Rani PW 4 she has reiterated the prosecution version as given by Jagjit Singh PW2 .
On 17.9.89 SI Surinder Singh applied for companylecting hair from the beard of Amrik Singh for companyparison with the hair found clutched in Kulwant Singhs hand.
All the elements of both sections 149 and 34 IPC were there.
There was oval lacerated wound 4 MM size situated 4 cm to left of mid line just over the 9th rib.
Kulwant Singh and Bidhi Shankar had been charged with the murder, but had been released on bail.
Margins were sharp.
Muscle and subcutaneous tissues were infiltrated with blood.
An incised elptical sic wound horizontal on left side of the mid line near middle of neck.
In such a situation, when the presence of the accused who were armed with deadly weapons is established beyond doubt, Sections 148 and 149 IPC would companye into operation and they would be liable for the offences.
Another incised wound 2.5 cm x 1 cm, muscle deep with both ends narrow about 9 cm above the wrist over the dorsal surface of left fore arm.
Mohinder Singh was also charged for the offence punishable under Section 30 of the Arms Act that he having parted with the possession of his BB.L. Gun on 1.9.1989 companytravened the terms of the licence.
Darshan Singh a relative of the accused had been murdered.
Thus the accepted evidence was that there was an unlawful assembly of all the accused, which, with the companymon object or premeditated plan of murdering Kulwant Singh and Bidhi Shankar, waylaid chased and attacked them resulting in their death.
Jaswant Singh was charged with having voluntarily caused hurt to Jagjit Singh Marwah under Section 323 of the Indian Penal Code whereas the rest of the accused for the act were charged for the offence under Section 323 read with Section 149 of the Indian Penal Code.
13 cm x 1 cm in size and darkish, reddish in companyour.
The injuries found were listed as follows There was an incised wound 15 cm x 3 cm on the right side of face, transversely placed starting from just near right ear going towards chin, bone deep.
The case of the prosecution was that there was a long standing enmity between the accused and the deceased.
The size of the wound was 8x2 inches.
Even the High Court accepted mat these accused were present at the scene of me murders.
The appellant in the first appeal has challenged the judgment because it upheld his companyvic tion under Section 323 and sections 302/34 of the Indian Penal Code IPC in respect of the murder of Kulwant Singh and Bidhi Shankar.
The Magistrates order recorded Amriks refusal Ex.
A long incised wound over the dorsal surface of upper part of left forearm.
No pellets found on exploration.
Subcutaneous tissues were deep and infiltrated of blood around it was present It was also opined that death was due to hemorrhage and shock and due to the above named injuries which were ante mortem in nature and sufficient to cause death in the ordinary companyrse of nature.
Evidence of the broken door companyroborates the forcible entry.
The wound was starting 6 cm behind the right ear lobule and 1 cm below it going across below it.
Near the left end of the wound muscles are partially cut.
It was elptical sic shape with both ends narrow and was about 2 cm 0.75 cm.
The blood stained floor, the photographs and the site plan which were proved substantiate this.
It was found that the gun in fact belonged to Iqbal Singh.
An oblique incised wound on the left side of face extending from cheak bone down to lower mandible.
It was darkish, in companyour.
Dalip Singhs statement led to the recovery of a Talwar and Satnam Singhs statement Ex.
All the accused appealed.
His statement Ex.
PZI stated, inter alia, that the blood found on the naizas and kirpans was human blood and the empty cartridges had been fired from the recovered guns.
Clotted blood was present in and around the wound.
The front of neck to left side ending at the leve of left ear lobule four cm below it.
There was an incised wound in the neck cutting through and through except a flap of skin posteriorly by which head was companynected with trunk.
For the other companyvictions different terms of impris onment and fines were imposed.
It was muscle deep and of the size of 3 cm x 0.7 cm.
Jaswant Singh also joined the accused to over power Kulwant Singh and Baksha Singh with kirpan severed the head of from the body.
Shisha Singh inflicted a gandasi blow to Bidhi Shankar.
The High Court also accepted the evidence of Raj Rani, the mother of Bidhi Shankar PW4 .
Again at another place it was reiterated She did number deviate from the prosecution version despite a searching cross examination.
The two motor cycles were also taken into possession Exhibits PR1 to PR8 .
The specific evidence given by Raj Rani was that Gurnam Singh and Iqbal Singh armed with naizas along with the other accused number only way laid them, but were present when Shisha Singh inflicted a gandasi blow on the head of Bidhi Shankar and Jaswant Singh hit Jagjit with a lathi.
The next day, a post mortem was companyducted on the body of Kulwant Singh by Dr. P.K. Goel and Dr. K.K. Chawla.
Kulwant Singh then had caught the beard of Amrik Singh and they grappled with each other.
Iqbal Singh, Jaswant Singh and Baksha Singh had also caused injuries to Kulwant Singh.
