H.S. Bedi, J. - (1.) The prosecution case is as under:- At about 6.00 P.M. on April 21, 1994 Jaswant Singh (since deceased) went to the bus stand of village Meondkhurd on some errand when he found the four accused, namely, Harnek Singh armed with a Lathi, Harpal alias Pali armed with a Takuwa (gandasa) and Amrik Singh and Shyammi empty handed sitting on the culvert on the road. In the meanwhile, Gurbaksh son of Nidhan Singh also came there. As Jaswant Singh and Gurbaksh Singh were busy in conversation, the accused came close to them and a Takuwa blow was first given to Jaswant Singh by Harpal followed by a Lathi blow by Hamek Singh. Jaswant Singh then fell down, on which Amrik Singh and Shyammi accused gave him a beating and Harnek Singh caused Lathi blows on his stomach, back and hands. An alarm raised by Jaswant Singh attracted PW-10 Surinder Singh and one Harpal to the place of incident, who rescued Jaswant Singh from further assault,. The motive suggested for the incident was that about two years prior to the present occurrence, deceased Jaswant Singh had intervened in an incident where a tractor owner was being beaten by the accused and they had got annoyed on what they perceived to be unnecessary interference on his part. Jaswant Singh was removed to the Primary Health Centre, Jakhal by his son PW- II Tarsem Singh, where he was examined at 9.50 P.M. A memo, Ex. PA was also sent to the police station on which PW-12 ASI Sada Ram reached the hospital and sought the opinion of the doctor as to his fitness to make a statement. The doctor declared him unfit to do so. ASI Sada Ram again went to the hospital at noon and on getting a positive opinion from the doctor recorded Jaswant Singhs statement, Ex. PB, at 12.05 P.M. on April 22, 1994 and on its basis, a case under Section 323, 324 read with Section 34 of the Indian penal Code was registered against the four accused at the first instance and when injury No. 3 was found to be grievous in nature, an offence under Section 326 of the Indian Penal Code was also added on. Jaswant Singh was referred to the Civil Hospital, Tohana on April 23, 1994 where he succumbed to his injuries, the next day. The accused were arrested on April 27, 1994 from the Civil Hospital, Tohana and on the basis of the disclosure statements made by Harnek Singh and Harpal, the weapons of offence, allegedly used by them, were also recovered. The accused were charged for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and as they pleaded not guilty, were brought to trial.
(2.) The prosecution in support of its case, examined, inter alia, PW-5 Billu, a witness to the motive who did not support the prosecution; PW-6 Dr. A.K. Gupta, who proved the MLR of Jaswant Singh and had opined that injury No. 3 was grievous; PW-7 Dr. S.K. Gupta, Radiologit, who on X-ray had found fracture of the middle phalanx of the little finger (injury No. 3); PW-8 Dr. Sunil Bajaj, who proved the post-mortem report, Ex. PN, and opined that the cause of death was intestinal perforation and tear causing heamoperitonium, shock and peritonitis; PW-10 Surinder Singh, who too was an eye-witness but turned hostile; PW-11 Tarsem Singh son of Jaswant Singh, though not an eye witness, stated that his father had made a dying declaration and had given details about the occurrence and also named the four accused as the assailants; and PW-12 ASI Sada Ram, the Investigating Officer. Gurbaksh and Harpal, who too had been cited as eye-witnesses, were, however, given up as having been won over by the accused.
(3.) The prosecution case was then put to the accused and they denied the allegations levelled against them and pleaded that they had not been involved in the incident and had in fact been taken into custody by the police on April 25, 1994 and thereafter implicated.;