Arijit Pasayat, J. - (1.) Challenge in these appeals is to the order passed by a Division Bench of the Punjab and Haryana High Court directing acquittal of respondent No.1-Jagat Paul and converting conviction of rest of three respondents. By the common judgment relating to two appeals i.e. Criminal Appeal No. 193-DB of 1995 and Criminal Appeal No. 330-DB of 1995, Respondent-Jagat Paul -appellant in Criminal Appeal No. 193- DB of 1995 was acquitted while in the other appeal the three appellants were held guilty of offence punishable under Section 325 of the Indian Penal Code, 1860 (in short the IPC) read with Section 34 IPC by the High Court. Accordingly their conviction for offence punishable under Section 302 read with Section 34 IPC was altered.
(2.) The background facts in a nutshell are as follows: Krishan, son of Deceased (hereinafter referred to as deceased) had gone to the village for fetching desi ghee. Prabhu (PW-9) the complainant was sitting in the house of deceased and were discussing about the matrimonial alliance. Saraswati wife of Prabhu came there and told that Krishan and accused Dalip accused were exchanging hot words near a culvert on the road near the house of Chando and she expressed her apprehension that they might have a quarrel. Deceased and Prabhu (PW-9) went towards that side. On seeing them coming, accused Dalip fled away towards his house. When deceased and Prabhu were standing near the house of Jagdish Chowkidar, all the four accused armed with lathis and gandasis came there raising lalkaras to the effect that they would teach them (complainant party) a lesson. Saying so, all the four accused gave blows with their respective weapons on the head, face and chest of deceased. On receipt of the injuries, Deceased fell down on the ground. When Prabhu went near his brother to save him, Dalip gave a Gandasi blow from its reverse side on his head. Prabhu raised an alarm of crying for help. On hearing his alarm, Jagmal (member of panchayat) and Mahabi rushed to the spot to rescue them from the onslaught of the accused. All the four accused persons ran away from the spot. Prabhu and deceased were removed to general hospital, Sirsa by Om Prakash. On the basis of the FIR investigation was undertaken and charge sheet was filed. The trial court placing reliance on the evidence of PW-9, the injured witness Prabhu, found all the four accused persons guilty and convicted and sentenced them for offences punishable under Section 302 read with Section 34 IPC and Section 323 read with Section 34 IPC. Appeals were preferred by the accused persons before the Punjab and Haryana High Court which, as noted above, directed acquittal of accused Jagat Paul. In respect of other three accused persons the conviction was altered to Section 325 read with Section 34 IPC and the sentence was reduced to the period undergone. The conviction for the offence punishable under Section 323 read with Section 34 IPC was maintained.
(3.) In support of the appeals, learned Counsel for the appellant-State submitted that the High Court has indicated no reason for altering the conviction. In fact it found the evidence of Prabhu, PW 9 to be clear and cogent. On an erroneous reading of the doctors evidence, the High Court has come to the conclusion that the cause of death was "Cardiac Arrest". In fact what was specifically stated by the doctor was that the head injury with its complications alongwith other injuries was the cause of death.;