Incised wound 6 cms x .25 cm on the dorsum aspect of right fore arm, 3 cms below the elbow joint.
He has been sentenced to life imprisonment with a fine of Rs.1000/ , in default to further undergo R.I. for six months, under Section 302/34 IPC, to R.I. for three years and pay a fine of Rs.500/ , in default to further undergo R.I. for a period of three months, under Section 326 IPC, to R.I. for a period of two years and a fine of Rs.200/ , in default to further undergo R.I. for one month, under Section 452 IPC, and to R.I. for a period of one year under Section 324 IPC.
Dr. Gargi opined that the cause of death was intra cranial haemorrhage leading to asphyxia as a result of injury number1 which was sufficient in the ordinary companyrse of nature to cause death.
He was found to have sustained the following injuries on his person Incised wound 10 cms x 1.5 cms on the antero lateral aspect of right leg, lower one third.
On being opined that the injured Kashmir Singh was fit to make a statement, S.I. Charan Singh recorded the statement of Kashmir Singh which was sent to police station on the basis of which an FIR was registered.
P.C., the accused took a plea which in his own words translated into english is as under I am innocent.
8 cms above the right ear.
In fact Nishan Singh, PW1 altercated with me a day prior to the occurrence when he was under the influence of liquor.
Kulwant Singh came running from the house with a kirpan after hearing an alarm.
I returned the abuse and he assaulted me with a dang causing me injuries.
Wound was muscle deep only.
Kashmir Singh intervened.
Depth number probed.
Depth number probed.
Nishan Singh tried to rescue his father on which Gurmit Singh gave a gandasi blow which hit on his right arm.
Kashmir Singh and Nishan Singh were taken to Civil Hospital, Patti wherefrom they were referred to Amritsar Hospital.
He was found to have sustained the following injuries An incised wound 6 cms x 1 cm present on the dorsum and lower third of the left fore arm 3 cms above the left wrist joint.
In the meanwhile Kashmir Singh came with kirpan and started causing me injuries.
Injuries were ante mortem.
The duration of the injuries was opined to be at about 12 hours before the time of examination.
The factum of his death was brought to the numberice of the police whereupon companynizance under Section 302 IPC was also taken.
Post mortem on the dead body of Kashmir Singh was performed.
Nishan Singh appears to be under the influence of liquor and drank.
Kashmir Singh died on 3.6.1989.
Thereafter investigation followed and on being charge sheeted, the accused were put up for trial.
Both the injuries were caused by sharp edged weapon.
Kulwant Singh and Gurmit Singh, both filed a companymon appeal in the High Court which has been dismissed.
Soft clotted blood was present.
After sometime Kulwant Singh armed with a kirpan, Gurmit Singh armed with a gandasi, Mangal Singh armed with a takua and Ajit Singh armed with a dang came to the house of Kashmir Singh and entered in the house.
Then the companyplainant party was approached by brother of Ajit Singh for companypromise.
As numbervehicle was available during night, I remained admitted in Patti Hospital.
The companypromise failed because the companydition of Kashmir Singh was serious.
During his statement under Section 313 Cr.
To defend him Kulwant Singh caused injuries to Kashmir Singh.
Jagir Kaur and Veero raised an alarm shouting Mar Ditta, Mar Ditta whereupon the accused left the place of occurrence alongwith their weapons.
Bleeds on examination.
Bleeds on examination.
Jagir Kaur, PW 3 has stated that respectable persons of the village had tried to settle the dispute and effect companypromise between the parties so that the matter was number reported to police.
On trial, Ajit Singh and Mangal Singh have been acquitted.
Depth number probed.
All the three witnesses are companysistent and companyroborate each other in narrating the assault by Kulwant Singh and Gurmit Singh on the deceased Kashmir Singh and the injured Nishan Singh.
Ajit Singh gave an exhortation that Jagir Kaur had objected to Kulwant Singh standing in front of the house and so she should be taught a lesson.
Depth number probed.
On seeing me, Nishan Singh came out of his house armed with a dang and start abusing me.
The trial Court and the High Court have believed the testimony of Nishan Singh, Veero and Jagir Kaur.
All the sentences have been directed to run companycurrently.
Probable duration of the injuries was opined to be six to twenty four hours before the time of examination.
An incised wound 12 cms x 1 cm present on the right parietal region of the head.
I gave my version before the police but the police was helping the other side.
The place of the incident is inside the house of the accused persons.
Accused Gurmit Singh alone has filed this appeal by special leave.
I was medically examined in the next day.
Kulwant Singh accused gave another kirpan blow which hit Nishan Singh on the right side of his head.
Kulwant Singh went away.
A message was given from Amritsar Hospital to the police whereupon S.I. Charan Singh alongwith other police officials reached the hospital and enquired if Kashmir Singh was in a position to make any statement.
I was raising shouts of Mar Ditta, Mar Ditta.
Nishan Singh, PW1 has himself sustained injuries in the incident.
On the day of occurrence I was returning from my field after work and was having a kassi with me.
I raised alarm.
Bleeds on examination.
When he gave me dang blows, I wielded my kassi causing injuries to Nishan Singh.
Accused Kulwant Singh came and stood outside their house.
The accused persons did number adduce any evidence in defence.
Briefly stated, the prosecution case is that on 24.5.1989, Kashmir Singh and his son Nishan Singh were sitting in their house while Jagir Kaur, wife of Kashmir Singh and his daughter Veero were companyking chapattis on tandoor.
All the three eye witnesses were naturally present there.
All the injuries to Nishan Singh were caused by sharp edged weapon.
Dr. N.K. Aggarwal, PW9 had medically examined Kashmir Singh on 25.5.1989.
My kassi fell on the ground.
Dr. N.K. Aggarwal, PW9 also examined Nishan Singh on 25.5.1989 and found the following injuries on his person An incised wound 7 cms x 1 cm present on the medial aspect of the right fore arm, in its lower third, 4 cms above the wrist joint bleeds on examination.
An incised wound 6 cms x 1 cm on the dorsum of the right hand in between the web space between the index finger and thumb.
Injuries Nos.
All the injuries of Gurmit Singh, except injuries number 2, 3 and 4, companyld be caused by a friendly hand, stated Dr. Vinay Kumar.
In order to defend me Kulwant Singh caused injuries to Kashmir Singh.
All the injuries were on number vital part of the body.
On this, accused Kulwant Singh gave a kirpan blow on the head and neck of Kashmir Singh.
A similar plea was taken by the accused Kulwant Singh in his statement.
This was objected to by Jagir Kaur who asked Kulwant Singh number to stand in front of her house.
Underlying bone is fractured and peeping out through the wound.
Bleeds on examination.
1 and 2 were grievous while other injuries were simple.
On the side of the accused there is numberreport of the occurrence lodged with the police.
I was falsely involved in this case.
In the post mortem examination companyducted on the dead body of Kashmir Singh by Dr. Jagdish Gargi on 4.6.1989 at 11 a.m., the abovesaid two injuries were companyfirmed.
On internal examination it was found that a sub dural haematoma was present in the occipital region.
When he reached near me, Kashmir Singh was in the process of causing me injuries and I was defending blows with my arms and hands.
On 25.5.1989, Gurmit Singh reached government hospital at Patti, where he was examined by Dr. Vinay Kumar Azad, PW11.
Injuries number 2, 3 and 4 were companyresponding to each other.
Skin muscles were incised.
