K.S.BHALLA, J. - (1.) IN the premises belonging to Piare Lal (PW-2), the landlord, situated near Aggarwal Mills at Rewari, rooms were rented out to different tenants. One of those rooms was in the tenancy of accused Ramesh, who was selling bangles in the said room and another was rented out to Kartar Singh deceased and he was running a ration depot therein. On 16th of March, 1987, the Holi day, both accused and the deceased took liquor together during day time. They also had cooked mutton which was consumed while drinking. At about 2.00 p.m. deceased Kartar Singh having noticed that no meat was left enquired from Ramesh where it had gone ? The said query of Kartar Singh deceased resulted into altercation between the two and the deceased gave 2-3 slaps to the accused. Thereafter both retired to their respective rooms.
(2.) PIARE Lal (PW-2) was present in this house at that time and in the meantime, Piare Lal (PW-2) and Ganeshi also came in his house. They started talking to each other. In the meantime, Ramesh got up, took kulhari exhibit P-1 and went into the room of Kartar Singh. Immediately thereafter, Ramesh gave a Kulhari blow on the head of Kartar Singh while he was lying on a cot. The kulhari was left embedded in the head of Kartar Singh and Ramesh ran away from there. Piare Lal (PW-2), Piare Lal (PW-3) and Ganeshi who were present there witnessed the occurrence. On reaching near Kartar Singh, they found that he had been rendered unconscious. The injured was removed to Civil Hospital, Rewari and Piare Lal (PW-2), the landlord, in whose premises the occurrence took place, went to police post Gokalgate, Rawari to lodge the report. On arrival at the police post, Piare Lal (PW-2) made his statement exhibit PC at 4. 00 p.m, which was recorded by Sub-Inspector Pohap Singh (PW-7). Said statement of Piare Lal (PW-2) was sent to Police Station City Rewari by the said Sub-Inspector with his endorsement exhibit PC/1 on the basis of which present case against the accused was registered originally under Section 307/452 of the Indian Penal Code. On arrival of Kartar Singh in injured condition. at Civil Hospital Rewari, Dr. R.S. Yadav (PW-1) noticed that he had head injury with axe embedded in the head. Ruqa exhibit PA was sent by him to incharge, police post Gokalgate, Rewari at 4.30 p.m. and thereafter having noticed that condition of the patient was critical, he referred the case to Safdarjung Hospital, Delhi. The injured remained in the said hospital for a few minutes and only supportive treatment was given before his removal from Civil Hospital, Rewari. On arrival of the injured at Safdarjung Hospital, Delhi, he was examined by Dr. Sunil Mangla (PW-12) on 16.3.1987 at 7.45 p.m. He also noticed that the axe was embedded in the head and there was no other injury mark. It was further noticed that the patient was unconscious. Exhibit PT is the correct carbon copy of the medico-legal report. Preliminary treatment was given and the patient was prepared for the operation for which purpose call was given to Neuro Surgeon. However, before the patient could be operated upon, he succumbed to his injury in Safdarjung Hospital on 16-3-1987 at 11.40 p.m. Intimation about his death was given to the police and thereafter the offence was converted to one of murder under Section 302 of the Indian Penal Code.
(3.) AUTOPSY on the dead body of Kartar Singh deceased was performed by Dr. V. K. Jain (PW-8) on 17-3-1987 at 4.15 p.m. and he also noticed that there was an axe with handle embedded in the left parieto temporal region of the head above and behind the left pinna. On taking out the axe, it had been found to be stained with grey matter and clotted blood, Hair were also stuck on to it. In the opinion of the doctor death was due to coma resulting from the head injury which was ante mortem in nature and sufficient to cause death in the ordinary course of nature. The time that elapsed between injury and death was few hours and between death and postmortem examination was within 24 hours. Exhibit PN is the correct carbon copy of the postmortem report and exhibit PN/1 is the pictorial diagram showing the seat of injury. Kulhari exhibit P-1 which was pulled out of the head of the dead body ultimately on chemical examination vide reports exhibits PM and PM/1 was found to have been stained with human blood.;