M. K. Mukherjee, J. - (1.) Bhupinder Singh and Roshan Lal, the two appellants before us, and four others were tried by the Additional Sessions Judge, Yamuna Nagar for offences punishable under Section 148, 302/149, 382/149 and 505/149, I.P.C. The trial ended in convictions of the appellant Roshan Lal under Section 302 and 332/34, I.P.C., the appellant Bhupinder Singh and two others under Sections 302/34 and 332/34, I.P.C. and acquittal of the remaining two. In appeals preferred by the four convicts, the High Court upheld the conviction of the two appellants but acquitted the others. Hence this appeal at the instance of the two appellants after obtaining special leave.
(2.) Shorn of details the prosecution case is as under: (a) On March 12, 1990, Ghansham Dass (P.W. 7), a resident of Ambala Cantonment, had come to Yamuna Nagar to meet his in-laws. In that afternoon he, along with his two sisters in law and wife of his brother-in-law had gone to see a movie at Laxmi Cinema which started at 4.00 p.m. While the movie was being screened the six accused, who were occupying seats in the row behind them, started misbehaving with the ladies accompanying P.W.7. Being exasperated P.W.7 approached Som Nath (P.W.6), the manager of the Cinema. Accompanied by Head Constable (HC) Ram Het (P.W.8), who was then on duty at that place, P.W.6 went inside the hall and advised the accused to behave properly. They respondent to such advice for the time being but after the interval again started cutting jokes with those ladies. On getting that information P.W.8 summoned Head Constable Balbir Singh (the deceased), who was then on duty at the nearby Fountain Chowk, and both of them went inside the hall and brought all the six accused out. The two Head Constables then took them to task for their misbehaviour. Enraged thereby some of the accused persons started hurling abuses towards them while others including the two appellants tried to run away. The Head Constable and the Manager of the Cinema hall then chased them. While being so chased the appellant Bhupinder Singh jumped into a tanker lorry (bearing registration No. PIG 4869) which was parked outside the main gate of the Cinema hall and brought out a wooden balli (Ext. P1/A) from its tool box. Roshan Lal, the other appellant, then snatched that balli from Bhupinder Singh and inflicted a blow with the same on the head of H.C. Balbir Singh, while some of the other accused persons including Bhupinder Singh, started assaulting H.C. Balbir Singh with kicks and blows. However, P.W.6 along with P.W. 8 and Mahesh Kumar, a booking clerk of the Cinema, succeeded in apprehending both the appellants while the other accused persons managed to flee away. At the time of their apprehension the two appellants received some minor injuires in the scuffle. In the meanwhile a police flying jeep arrived there in which H.C. Balbir Singh, who was seriously injured, was shifted to Civil Hospital, Yamuna Nagar. (b) On receipt of a radio message at or about 6.45 p.m. Inspector Raghbir Sahai (P.W.11), who was then on patrol duty, reached the scene of occurrence where the two appellants were produced before him. P.W.11 recorded the statement of P.W.6 and forwarded the same to the police station for registration of a case. He then took up investigation and formally arrested the two appellants and seized the balli (Ext. P1/A), which was found lying there, and the torn shirt of H.C. Ram Het. He also seized some blood stained earth from the spot. While at the place of occurrence Raghbir Singh got information about the death of H.C. Balbir Singh and accordingly he went to the Civil Hospital and after holding inquest upon the dead body of H.C. Balbir Singh, sent it for postmortem examination. (c) A team of doctors including Dr. Akhilesh Narain (P.W. 1) held autopsy upon the dead body of H.C. Balbir Singh and found the following: "A stitched would 1.1/2" long was present on left side of skull on temporal region one inch below the parietal prominance. The wound was having two stitches. There was a defused swelling, all around the wound in an area of 2.1/2" x 2". On exploration, the wound was lacerated and was bone deep. On further exploration, heamatoma was present from frontal region to occipital region on left as well as one right side. On further dissection, there were multiple fractures of left frontal bone, left parietal bone, left temporal bone and separation of parietaloccipital suture of left side was present. There was depressed fracture of left temporal bone. Haematoma with clotted blood was present on left side of brain, as well as in meninges of left side. There was fracture of roof of left orbit and othmolobone with fracture of the base of the skull. Haematoma was present in posterior charangal fossa. There was laceration in brain matter, corresponding to fracture of temporal and frontal bones on the left side". The doctors opined that the injuries were antemorten and sufficient to cause death in the ordinary course of nature. P.W. 11 also got the two appellants medically examined, for the injuries found on their persons. On completion of investigation he submitted charge-sheet against the accused persons.
(3.) The appellants pleaded not guilty to the charges levelled against them; and in his statement recorded under Section 313, Cr. P.C. appellant Roshan Lal stated as under: "I and Bhupinder Singh were seeing the movie and in the meantime light went off and there was some confusion. The other persons who were seeing the movie began to in and out of the hall. Balbir Singh H.C. began to beat us and when we raised hue and cry, the public objected to it at which Ram Het and Balbir Singh began to beat the public. Somebody out of the public hit Balbir Singh. We were later on implicated falsely in this case. As we were having injuries on our person, to save their skin, the police has concocted this story. Ram Het and Balbir Singh H.C. were also seeing the movie. This is a false case and the witnesses are deposing falsely. I am innocent." ;