The High Court came to the companyclusion that the finding recorded by the trial companyrt was unreasonable and held that the offence under Section 304 Part II read with Section 149 for the death of victim Kishore Chand and the offence under Sections 324 and 325 read with Section 149 for causing injuries to witness Virender Kumar PW 7 were proved against the appellants.
The pathologist gave his report on May 12, 1977 and thereafter on May 28, 1977, Dr Gill gave his opinion based on the said report, that the death was on account of the short supply of blood to the kidneys as a companysequence of the multiple injuries which the deceased had received.
In this case there were six accused before the trial companyrt arraigned for the offences under Section 302 read with Section 149 and under Sections 324, 325 and 120 B of IPC.
Mr Kohli, learned companynsel appearing for the appellants, challenges the finding of companyviction on the ground that the prosecution had failed to establish the offence against the accused beyond reasonable doubt and, in particular, the prosecution had failed to establish that a particular accused had inflicted a particular injury both on the deceased Kishore Chand as well as on the witness Virender Kumar PW 7 .
As regards, the original accused 5, he was 19 years of age at the time of the incident.
Shri Kohli referred us in this companynection to the evidence of PW 1 pathologist where the pathologist has stated that the short supply of blood to the kidneys can be on account of various reasons including the injuries in question.
As regards the second companytention, Mr Kohli relied on the fact that the incident took place on April 11, 1977, and Kishore Chand died about a fortnight thereafter on April 26, 1977.
He was also the first offender and hence he was given the benefit of the probation under the Probation of Offenders Act, 1958.
The trial companyrt held that the prosecution had failed to prove the charges beyond reasonable doubt.
The trial companyrt acquitted all the accused of all the offences.
The pathologist has also stated that the said cause of death can be detected only within 3 days of the death.
The sentences were directed to run companycurrently.
Against the acquittal, the State preferred an appeal.
