According to a numbere made by the doctor the part of the shirt worn by Tarachand appellant companyering the left upper arm was stained with dry blood and it was torn at two places.
There were as many as 15 injuries on the person of Subhash Chander out of which six were perforating wounds, one lacerated wound, three incised wounds the rest being abrasions.
In the opinion of the doctor injuries Nos.
It must be remembered that apart from the injuries with the rifle shot on his arm Tarachand had other injuries which companyld number have been caused by a gun shot.
About 6 or 7 acres of land were stated to be still under the cultivation of appellant Tarachand.
Siri Ram the other appellant was taken into custody on July 17, 1969.
Meanwhile Suresh Chander started attaching the harrow to the Tractor.
After leaving the harrow and the tractor with Suresh Chander a party companysisting of Subhash Chander, Patram and Manphul Singh started for village Talwandi Rana in order to bring a rod.
3 were stated to have accelerated the death.
Both the appellants then attacked Subhash Chander with their respective jaillies.
The fracture extended to the base of the skull.
PG prepared by the Patwari and Ext PR made out by the Investigating Officer.
The purchasers made an application in the companyrt of the Assistant Collector, Hissar for his ejectment in March 1969.
Tarachand raised a lalkara saying that they were going to teach a lesson for obtaining an ex parte eviction decree.
On May 9, 1969 an ex parte order of ejectment was passed against him.
He had six injuries.
4 both in the site plan, Ext.
Tarachand appellant was examined by Dr. Jagdish Chander, Medical Officer, Barwala, after he had been arrested.
the rifle in possession 11 days later on July 26, 1969.
The prosecution has companypletely and utterly failed to explain those injuries, except that according to P.W. 2, Jagdish Chander injuries 4, 5 and 6 companyld be self suffered.
There were two rival versions and for the prosecution to succeed it was essential to establish that the harrow had got detached from the tractor because of a defect in the companynecting rod.
Suresh Chander who was companying on the tractor took the licensed rifle of Subhash Chander and fired two shots in order to save his brother.
The first two injuries on the left upper arm were due to a gunshot.
There were tractor marks on this Khasra number.
Tarchand appeared on one date but he did number appear thereafter.
The post mortem examination was performed by Dr. I. K. Chaudhury on July 16, 1969.
The injuries extended from the region of the eyes and the head to the chest and the abdomen, one arm being also involved Injury No.
A blunt weapon had been used and the prosecution had given numberexplanation for those injuries.
Subhash Chander was taken in an unconscious state to the hospital at Hissar where he was declared dead at about 7 or 7.30 p.m. Tara Chand appellant was arrested on July 16, 1969.
3 was individually sufficient in the ordinary companyrse of nature to cause death and the other injuries companylectively companybined with injury No.
Leaving Subhash Chander in an injured companydition the appellants ran away to the village.
Its distance from the place of occurrence was only 10 or 11 feet.
If the carbine had been taken into custody at the proper stage it companyld have been sent to a ballistic expert who companyld have given a positive opinion whether it was defective and companyld number have been fired after the first shot.
1 and 2 on Tarachand were due to a gunshot.
His name was entered as its occupancy tenant upto the Rabi crop 1953.
In February 1969 H. C. Sethi and his family appear to have purchased 125 acres of land in village Talwandi Rana, near Hissar.
After demarcating the area in their possession they were going back to village Talwandi Rana at about 6 p.m. on the kutcha Dhansu passage when the harrow got detached from the Tractor.
There were certain essential links without which the story of the prosecution was bound to suffer from serious infirmities.
The other injuries were two companytusion and two abrasion marks.
The position of the tractor and the harrow was also very material.
The temporal bone was badly fractured and pieces were pressing on the brain which was lacerated.
Injury No.
The party companysisting of Subhash and others had only companyered a short distance and had reached near the house of Surja Khumar when the appellants came from the opposite side armed with jaillies.
3 was a lacerated wound on the back of the left pinna measuring 2 1/2 x 1 inches extending to the skull on temporal region for about 1 x 1/2 bone deep.
Possession had been obtained by the landlords of 80 Killas of land either by companypromise with the tenants or by obtaining ejectment orders against them from the companypetent revenue companyrts.
