PM attested by the witnesses.
Anant Ram and Jai Bhagwan, accused number acquitted caught hold of Chandgi Ram from his arms while Krishan, appellant, inflicted a Lathi blow, on the head of Chandgi Ram.
Additionally the number of injuries as stated by the so called eye witness, PW3 was at great variance with the medical evidence.
PW 4 Sher Singh, brother of Nafe Singh PW 3 had gone to the Bazar for playing PHAG.
PL, to Inder Singh Saini, Sub Inspector PW 5 which was signed after admitting the same to be companyrect.
He recorded the statements of the witnesses.
In appeal the High Court found that there were several factors which made the prosecution version unreliable.
Inder Singh Saini PW 5 made endorsement Ex.
Prosecution examined six witnesses.
Naresh Kumar, nephew of Nafe Singh, visited them at about 3 pm and informed that Sher Singh PW 4 had been beaten by carpenters of their village.
However, Nafe Singh PW 3 and his father Chandgi Ram hereinafter referred to as the deceased remained at the house.
On receipt of this information, PW 3 Nafe Singh alongwith his father Chandgi Ram went towards the houses of carpenters.
Chandgi enquired from the carpenters about the whereabouts of Sher Singh, PW 4, upon which carpenters lost temper.
He went to Civil Hospital, Dadri, and prepared inquest report, Ex.
Chandgi was put into a tempo and was taken to civil hospital, Dadri, where he was admitted and was medico legally examined.
Head companystable Parkash Chand handed over one packet to him, which he took into possession vide Memo Ex.
Inder Singh Saini SI PW 5 , then went to the place of occurrence but numbere was found there and he stayed in the village.
It was numbered that the First Information Report was purportedly lodged on 22.3.1989 but the same was received by the Illaqa magistrate after a long time i.e. on 24.3.1989 though the companyrt of the Illaqa magistrate was situated at less than half a kilometer.
When they reached near the shop of Jai Singh, then he started talking with Jai Singh while Chandgi Ram went ahead.
PL/1 and sent it to the police station for registration of the case, on the basis of which formal FIR, Ex.
At about 8 a.m., he received Ruqa through companystable Ram Pal, informing him about the death of Chandgi and then he companyverted the offence into 302 IPC.
PL/2 was recorded by Dalip Singh, Sub Inspector.
PG, and got companyducted postmortem on the dead body of Chandgi.
receipt of the Lathi blow, he fell down and the appellant alongwith companyaccused ran away.
However the two companyaccused persons Jai Bhagwan and Anant Ram were acquitted.
Nafe Singh made statement, Ex.
As the accused persons pleaded innocence, trial was held.
PQ, recovered Lathi, Ex.
The trial companyrt placed reliance on the evidence of PW 3 and directed companyviction as recorded above.
His father was ahead of him, while he was following him.
His specific evidence was that the deceased companyld have received the injuries at about 10 AM on 22.3.1989 and he had number received injuries within six hours.
One Jai Singh was given up as he was supposed to won over.
Background facts as projected by the prosecution are as follows On 22.3.1989, it was PHAG festival.
In the meantime, Harish also appeared.
According to the prosecution version the occurrence took place at 3.30 PM and the medico legal examination was done at 5.30 pm.
He apprehended the appellant and his two companypanions on 27.3.1989.
The police reached the hospital.
He interrogated the appellant and in pursuance of his disclosure statement, Ex.
It also numbered that the medical examination companyducted at 3.30 P.M. by Dr. M.M. Sharma, PW 1 showed that the injuries were caused within a duration of 6 to 12 hours.
He also recorded the statement of Sher Singh PW 4 who had companye there and sent him for his medico legal examination to Civil Hospital Dadri.
The occurrence was witnessed by Nafe Singh and Jai Singh.
On the next day i.e. on 23.3.1989, he called Chowkidar and Jai Singh also came there and on the pointing out of Jai Singh, he took blood stained earth from the spot after making it into a sealed parcel vide memo Ex.
