- (1.) This appeal by special leave is directed against the judgment and order dated October 9, 1972 of the High Court of Punjab and Haryana at Chandigarh dismissing the appeals preferred by the appellants who were convicted and sentenced by the Sessions Judge, Rohtak, as under :- Dharam Pal : Life imprisonment under S. 302 and rigorous imprisonment for five, four and one year under Ss. 307, 326/34 and 323/34 of the I.P.C. respectively. The sentence of imprisonment for life was awarded to this appellant for intentionally causing the death of Sardara Singh, son of Chhotu Jat, resident of Kehrawar, aged 41/42 years and the sentence of five years was awarded to him for attempting to murder Singh Ram P. W. 7. Surta (uncle of Dharam Pal, appellant); Life imprisonment under S. 302/34 and rigorous imprisonment for five, four and one year under Ss. 307/34, 326 and 323/34 of the I.P.C. respectively. The conviction and sentence under Section 326 against this appellant was recorded for causing grievous injury on the person of Hari Ram, P.W. 6. Samme Singh (Brother of Dharam Pal, appellant) : Life imprisonment under S. 302/34 and rigorous imprisonment for five, four and one year under Ss. 307/349, 326/34 and 323 of the I.P.C. respectively. The conviction and sentence under Section 323 was recorded against this appellant for causing simple hurts on the thighs of Hari Ram P.W. 6.
(2.) The story as put forth by the prosecution was that an altercation took place at about 7.00 A.M. on July 26, 1971 at village Kehrawar within the jurisdiction of Police Station Sampla in the District of Rohak between Dharam Pal, appellant No. 1 and Hari Ram, P.W. 6 when they were separated by P.W. 7 Singh Ram elder brother of the father of Hari Ram and P. W. 9 Zile Singh, a collateral of Hari Ram's grand-father. While leaving the spot, Dharam Pal held out a threat to Hari Ram that he would tech him a lesson. On the same day at about 3.30 P.M. when Hari Ram, P.W. 6 was getting himself shaved by Suresh Barbar at the shop of the latter, Ram Singh, the father of Dharam Pal, appellant No. 1 armed with a pistol, Dharam Pal, appellant No. 1 armed with a single barrel gun, Surta, appellant No. 2, armed with a Pharsa and Samme Singh, appellant No. 3, armed with a lathi appeared at the shop of Suresh Barbar. On seeing the appellants and their father, Hari Ram, P.W. 6 jumped out of the barber's shop and ran towards the village. He was chased by the appellants and Ram Singh, Surta, appellant No. 2 managed to come in front of Hari Ram and administered a blow with the Pharsa on the head of the latter as a result whereof the fell down. Samme Singh, appellant No. 3 then inflicted lathi blows on the thighs of Hari Ram. At this stage, Singh Ram, P.W. 7, the elder brother of the father of Hari Ram, who was sitting under a neem tree a short distance came running to rescue Hari Ram. Dharam Pal thereupon fired at Singh Ram injuring his left arm. Sardara Singh, son of Chhotu who also came there to rescue Hari Ram was also hit by another shot fired at his neck by Dharam Pal. Brandishing his pistol, Ram Singh told the P. Ws. present on the spot that if any one dared to come forward, he would not be spared. On hearing the alarm, Munshi Ram, father of Hari Ram, Darya Singh Lambardar, P.W. 8, Zile Singh P.W. 9 and Hazari son of Bakhatawar arrived at the scene of the occurrence. Sardara Singh was removed to Rohtak Medical College Hospital while Hari Ram and Singh Ram were taken to Primary Health Centre, Sampla in a bus. At the Medical College Hospital, P.W. 1 Dr. S. K. Moda, Registrar, Casualty examined Sardara Singh at about 5.00 P.M. and found him fully conscious but unable to speak properly due to leakage of air through the wound in his neck. On examining Sardara Singh, the doctor noted the following injury on his person :- "A lacerated wound about 5 cm. in diameter on the front on neck near its middle. The situs of the wound was about 5 cm. from the chin and 5 cm. from the upper border of manubrium sterni. It was oozing and during breathing air leacked out through the wound. There was charring of skin in the region of 0.2 cm. all around the would and roots of hair were burnt in the area of charring."
(3.) In the opinion of the doctor, the injury was caused within a probable duration of 6 hours by a bullet. The injured was after his aforesaid examination admitted in Ward No. 6 of the Hospital on the same day at 5.45 P.M. Soon after the arrival of Sardara Singh in the ward, tracheotomy was done on account of which he became unable to speak and succumbed to his injury at 9.15 P.M. on August 7, 1971 while still admitted in the Medical college Hospital, Rohtak. On August 8, 1971, the autopsy on the dead body of Sardara Singh was conducted by P.W. 2 Dr. A. S. Chaudhary who made the following observations :- "Tracheotomy wound was present on the thyroid cartilage which on opening led to the oeosphagus. The wound in the oesophagus was 1 cm. in diameter. On probabing it led to the right side and laterally above the right clavical. The lateral process of the fifth cervical vertebra was fractured. On opening the muscles above the scapula there was a pus cavity and a bullet was found. The muscles around the bullet and on the right side of the neck along the course of the bullet were ecohymosed. Scalp was jaundiced and was yellow coloured, brain and membrance were congested. Pleurae contained blood stained fluid. Larynx was congested. Right lung was oedematous. On section it exuded frothy fluid. So was the left lung. Pericardium was jaundiced. Left side of the heart was empty. Right contained blood. Large vessels contained dark fluid blood. Abdomen was distended. Peritonium was jaundiced. Stomach contained 6 to 8 ozs. dark fluid. Small and large intestines were empty and distended. Liver was enlarged and pale. Spleen was enlarged and pale.";