KIRPAL - (1.) THIS judgment will dispose of Criminal Appeals Nos. 238/85, 522/84, 660/84, 10/85 and 133/85 whereby the High Court partly allowed the appeals of the respondents and converted the conviction of the appellants who are sentenced under Section 302 read with Section 149, Indian Penal Code to one under Section 304, Part-II read with Section 149 Indian Penal Code
(2.) TWELVE persons were tried for an incident which had occurred on 7-7-1982 near Dharmashala of Village Baragudha at about 10 pm. According to the F.I.R. which was lodged by one Munshi Singh P.W. 11, Sukhdev Singh, one of the appellants in these appeals who in the company with some other appellants went to the lane of Harijans in the said village and fired some shots in the air. Acordingly, Munshi Singh P.W. 11 along with Jagga Singh deceased, Teja Singh, Balkishan, Prem Singh and Choota Singh P.W. 12 set out for the Police Station Baragudha for reporting this matter. When they reached near the Dharmashala of the Village it is alleged that they were confronted by Sukhdev Singh and Pritam Singh who were armed with a gun each, Major Singh, Mohinder Singh, Gurtaj Singh son of Narain Singh Munshi Singh and Naiba Singh appellants all armed with a gandasa each and Kaka Singh who was armed with a lathi. The appellants raised a shout that the harijans be suitably dealt with because they did not listen to others. Thereupon it is alleged that Sukhdev Singh gave a blow with the but of his gun on the head of Munshi Singh P.W. 11 Gurtej Singh son of Pritam Singh gave a gandasa blow on the right side of Munshi Singh's hand while his left hand received a blow by a gandasa which was inflicted by Zora Singh. Gurtej Singh son of Pritam Singh also gave a gandasa blow from the reverse side on his right knee and another blow on right shoulder and on the back of Munshi Singh, Kaka Singh also gave a lathi blow on Munshi Singh's fingers. The appellants are also alleged to have caused injuries to Jagga deceased, Prem Singh, Bal Kishan and Teja Singh. The victims raised an alarm and thereupon the appeallants, along with their respective weapons, went away from the place of occurrence. Chhota Singh Prosecution witness 12 took the injured persons to the Primary Health Centere, Baragudha, Dr. Raj Kumar P.W. 3 examined Munshi Singh at 11.45 P.M. on 7-7-1982. He noticed 11 injuries on the person of Munshi Singh. On the same night at 12,10 a.m. the said Dr. Raj Kumar P.W. 3 examined Bal Kishan and found that the had 3 injuries, all of which were simple in nature. The said Doctor also examined Teja Singh on the same night who had 6 injuries on him. The said Dr, Raj Kumar P.W. 3 sent a note about the occurrece to police station Baragudha on that very night whereupon the ASI Bhup Singh P.W. 15 went to the Primary Health Centre. Baraguadha and recorded the statement of Munshi Singh P.W. 11 on the basis of which a case under Section 324, 323, 285, 148, 341 read with Section 149, Indian Penal Code and Sections 25/27 of the Arms Act was registered at the said police station.
(3.) AS the injuries on Jagga Singh and Prem Singh were found to be more serious they were feferred to the Civil Hospital at Sirsa. Dr. J. L. Bhutani P.W. 2 medically examined Jagga decesaed at 3.35 a.m. on 8-7-1982 and noticed 7 injuries which were as follows: "1 Incised wound 10 cm x bone deep on the lateral aspect of the left side of face, in front of pinna extending towards the angle of the mandible. The margins were sharp and fresh bleeding was present. 2. Incised wound 8 cm x 1cm bone deep on the top of the skull, 1 "above the hair line and extending towards the top on the left side. The margins were sharp and fresh bleeding was present, X-ray was advised. 3. Incised wound 9 cm x 1 cm bone deep extending from the hair line in the direction of the sagital suture. The margins were sharp and fresh bleeding was present, X-ray was advised. 4. There were two punctured wound 1 cm in diameter and 2 " apart and 3 cm deep on the lateral aspect of the left arm. Clotted blood was present. There were corresponding punctured marks on the shirt. 5. Punctured wound on the dorsum of the left hand Swelling was presenrt. Patient complained of pain and swelling in the infra-scapular region on the right side and on examination, surgical emphysema was present. Advised X-ray chest. There was scratch mark (abrasion) 15 cm X 1/2cm on the left side on the back". Prem Singh was also examined by the said Doctor and he had 3 injuries on his person. Thereafter the Doctor sent a note to the SHO Police Station at Sirsa about the arrival of the injured persons in the hospital. On police's application the said Doctor certified that Prem Singh was fit to make a starement. At that time the Doctor gave an opinion that Jagga Singh was not fit to make a statement but on an another application being filed Dr. J. L. Bhutani Prosecution witness 2 on 8-7-1982 at 12.50 p. m. certified that Jagga Singh was in a fit condition to make statement.;