The intervening blood vessels and nerves were also cut.
and the police met him at Jugial.
The injury was ante mortem in nature having been caused by sharp edged cutting heavy weapon.
Appellant who is said to have been armed with datar along with one Manga came on their way.
Fresh bleeding was present.
An incised wound 5 x 0.5 cm bone deep running into transverse direction on the top of right shoulder joint.
There was companyresponding cut in the shirt and sweater X ray was advised.
Whereas Manga is said to have raised a lalkara that the companyplainant be taught a lesson for selling adulterated liquor with water, Sucha Singh gave a datar blow on the deceased.
On their raising cries, Bhindi, younger brother of the first claimant, came on the spot, whereafter the accused ran away with their weapons.
An incised wound 3 cm, linear skin deep running horizontally over the front of left neck.
The evidence of the child witnesses was number companyroborated.
The omission in the first information report that Sheru was taken to a civil hospital before the first information was lodged was only to explain the delay in lodging the first information report although such an allegation had number been made in the first information report.
Dissection revealed injury to subcutaneous tissues, muscles and bone in the mastoid region and 1st and 2nd vertebral bodies on its right side going obliquely upwards to the brain matter at the base of skull.
The prosecution had number been able to prove any motive on the part of the accused.
Whereas in his first statement, Gurdev Chand alleged that Sheru had been inflicted only with one a single injury by Manga, but later he stated that three four injuries had been inflicted on his person whereas in the medical report only a single injury was found on the person of both the deceased and Sheru.
The allegations against Manga had been withdrawn only upon numbericing that his right hand being amputated, he was number in a position to inflict any injury.
He had stated that on his way back, the cycle had been kept in police vehicle while according to Inspector Amrik Singh PW7 , the cycle had been kept in a shop at Jugial.
There were companytradictions in the matter of lodging of the first information report as it was said to have been lodged by Gurdev Chand after riding on a cycle for 12 kms.
Statement of Gurdev Chand was held number to be trustworthy keeping in view the change in his stand also in regard to the sequence of events.
A first information report was lodged at about 12.05 numbern on 17.2.1991.
Before the learned Trial Judge, inter alia, Gurdev Chand PW4 and Sheru PW5 were examined to prove the prosecutions case.
An abrasion 3 x 2 cm on front of right knee joint.
Post mortem report, companyducted by Dr. R.K. Khanna, PW1 , read as under An incised 16 cm x 8 cm x 6 cm deep wound obliquely placed over the right side of the neck, extending from the nape upwards to the tragus of right pinna with through and through cutting of right external pinna at its centre into two equal halves.
He was chased for a sufficient distance and an injury was inflicted on his body with a datar.
Whereas in his first statement, he stated that Sakandar had first been attacked by Sucha Singh, in his supplementary statement, he alleged that Sheru had been the first victim whereafter Sakandar ran away.
The learned Trial Judge recorded a judgment of acquittal, inter alia, on the following findings The difference between the statement in the first information report and the supplementary statement was very vital.
Allegedly, Manga gave a datar blow on Sheru PW5 .
An incised wound 3 x cm on the posterior surface of left ear pinna running horizontally.
The deceased was removed to civil hospital, Pathankot where he died.
It was cartilage deep and fresh bleeding was present.
The first information report was found to be ante timed even the blood was number found on the spot.
The intervening bones were sharply cut into pieces.
The prosecutions case is as under At about 8.00 pm on 16.2.1991, one Gurdev Chand PW4 , his brother Sheru PW5 , aged 11 years and another brother Sakander the deceased aged about 13 years had gone outside the village to answer the call of nature.
B. Sinha, J. This appeal is directed against a judgment and order dated 24.5.2007 passed by a Division Bench of the High Court of Punjab and Haryana at Chandigarh in Criminal No.809 DBA of 1997 allowing an appeal preferred by the respondent herein from a judgment of acquittal passed by the learned Sessions Judge.
Brain matter was oozing out of the wound after tearing the basal meanings.
