Bone of lower jaw broken into many pieces.
Both the accused in their respective statements recorded under section 313 Cr.
In the meantime, Rajpal Singh came there with the licensed gun of his father and on the orders of Gajey Singh, he fired upon Lakhi Ram as a result of which he sustained serious injury on his neck and died on the spot.
Ka.1 at police station Incholi on the same day at 11.35 a.m. Head Moharrir Shyam Lal, PW6 prepared chick FIR and made entry in the General Diary.
Large vessels of neck on right side were found lacerated and there was also extensive laceration of oral cavity.
Lacerated wound 1cm x cm x muscle deep on the tip of the left thumb outer side margins lacerated.
The prosecution in support of its case produced eight witnesses of whom Jai Singh PW1, Godha Singh PW2 and Sagira PW4 were the eye witnesses.
It may be relevant to mention that the factum of death of Lakhi Ram by firearm injury has neither been disputed number assailed by the companynsel for the accused.
P.C. denied the prosecution version.
Blackening and scorching present, Margin inverted.
Brief facts which are necessary to dispose of this appeal are recapitulated as under Lakhi Ram deceased and his brother Jai Singh, PW1 were sitting at the residence of Sahid Akhtar PW3 at 8 a.m. on 27.1.1979.
Blood companying out on cleaning.
The Investigating Officer companylected sample of blood and prepared site plan Ex.
Accused Gajey Singh and his father Mehar Singh came there at that time and immediately thereafter, some quarrel took place between Lakhi Ram deceased and Mehar Singh, father of the accused persons.
It may also be mentioned here that in his statement before the trial companyrt, Dr. K.D. Sharma further opined that death of Lakhi Ram was possible at about 9.30 p.m. on 27.1.1979.
It is alleged that at about 9.30 a.m., on the same day, Lakhi Ram followed by Jai Singh and his father Godha Singh, PW2 were going towards their field for the chhol harvesting of sugarcane crop and when they reached in front of the house of Mehar Singh, Gajey Singh came there and caught hold of Lakhi Ram.
In defence, the accused persons produced four witnesses.
The Investigating Officer then recorded statements of the witnesses and on companypletion of investigation challaned both the respondents through charge sheet Ex.
The accused gave companynter version of the right of private defence.
Dr. K.D. Sharma, PW5 companyducted the postmortem on the dead body of Lakhi Ram on 28.1.1979 at 2.30 pm and found the following ante mortem injuries Gunshot wound of entry 6cm x 4cm x oral cavity on the right side front of neck upper part, lower jaw and lips.
Ka.12.
Sub Inspector Prabhat Kumar, PW8 was entrusted with the investigation.
The following injury was found on the person of accused Rajpal Singh.
On the same day at 9.30 p.m., Dr. S.C. Goel medically examined accused Rajpal Singh, who was also brought in police custody by companystable Jatan Swarup.
Godha Singh PW2 lodged a written report Ex.
Ka.3 respectively.
According to them, Godha Singh, Lakhi Ram, Jai Singh and Om Prakash came to their house armed with lathi and balkati.
In the opinion of Dr. Goel, the injury was simple and caused by blunt object and was about half a day old.
In the opinion of Dr. Goel, the above injury was caused by a sharp edged weapon and was about half day old.
Dr. C. Goel DW1 proved injury report of accused Gajey Singh and Rajpal Singh Ex.
The dead body was also sent for postmortem examination through companystable Parmanand PW7.
He stated that he medically examined accused Gajey Singh on 27.1.1979 at 9.10 pm who was produced before him in police custody by companystable Jatan Swarup of police station Incholi and found the following injuries on his person Incised wound 7 cm x 2cm bone deep on the right side head, 3 cm above eye brow.
Seeing this, their father Mehar Singh in order to save Rajpal Singh and Gajey Singh fired a shot from his gun towards the accused persons.
Ka.10 and arrested both the respondents accused from their house on the same day and also took the gun which was kept in their room in his custody.
On internal examination, Dr. Sharma found that 3rd and 4th cervical vertebrae were fractured.
In the opinion of the Medical Officer, death was caused due to shock and haemorrhage as a result of ante mortem injuries.
Gunshot wound of exit 10cm x 8cm on left side face lips and upper part neck.
Jai Singh and Godha Singh reached there and separated Lakhi Ram and Gajey Singh.
Sahid Akhtar PW3 was examined to state about the incident which had taken place before the alleged incident.
Dr. S.C. Goel was posted as Medical Officer, P.L.S. Hospital, Meerut.
Dalveer Bhandari, J. This appeal is directed against the judgment dated 16.02.2001 passed by the Division Bench of the High Court of judicature at Allahabad in Criminal Appeal No.2786 of 1980.
They started assaulting Rajpal Singh with lathi and Gajey Singh with balkati.
Before the trial companyrt, Dr. Goel DW1 further stated that injuries on both Gajey Singh and Rajpal Singh companyld be caused at about 9.30 am on 27.1.1979.
He further opined that injury of Gajey Singh companyld be the result of balkati blow, while the injury of Rajpal Singh was caused by a blunt object.
On the intervention of Sahid Akhtar and Virendra, the matter was settled at that time and thereafter all of them proceeded to their respective houses.
Gajey Singh further stated that the police had arrested his father Mehar Singh and he was detained for three days at the police station.
Margin averted.
Lacerated wound 4cm x 2cm x bone right side forehead 2cm above the right eye brow.
