A.S. Garg, J. - (1.) On 4.3.1996, at about 7.45 P.M., in a quarrel amongst a few boys in Mohalla Anandpuri, within the area of Police Station Sadar, Ludhiana, it was alleged that Rajesh Kumar alias Rindku appellant was holding Ramesh Kumar alias Gogi deceased in his grip while Deepak Kumar Mehra appellant instigated his co-accused not to spare Ramesh Kumar. As a result of this Chaman Lal appellant took out a "Kirch", a sharp edged weapon and inflicted a blow near the right ear of Ramesh Kumar as a result of which he fell down. Deepak Kumar Mehra and Rajesh Kumar appellants started giving fist and kick blows to the deceased Ramesh Kumar. In the meanwhile Deepak Kumar Verma also took out a "Kirch" and inflicted a blow on the right thigh of Ramesh Kumar. Mohinder Singh PW 5, brother of the deceased and Mohan Lal Malhotra PW. 6 witnessed the occurrence. Thereafter the assailants took to their heels with their respective weapons. Mohinder Singh and Mohan Lal Malhotra took the deceased to Christian Medical College and Hospital, Ludhiana where the deceased was declared dead. The cause of this occurrence was that Chaman Lal appellant used to tease the girls and the deceased used to persuade him not to indulge in such activities. Instead Chaman Lal appellant did not take this suggestion in the right perspective. He took ill of it and decided to avenge it in such a rash manner.
(2.) On 4.3.1996, on receipt of wireless message, SI Mohinder Singh PW.7 along with other Police officials went to C.M.C. Ludhiana where Mohinder Singh PW.5 met him and made his statement Ex.PG. After making his endorsement Ex.PG/1, the said statement of Mohinder Singh was sent to the Police Station and on its basis formal F.I.R. Ex.PG/2 was recorded at 10.50 P.M. on 4.3.1996. The special report reached the Ilaqa Magistrate at 9.30 A.M. on 5.3.1996. The dead body was sent to the mortuary. Thereafter the aforesaid Investigating Officer went to the place of occurrence. He inspected the spot and lifted blood stained earth vide memo Ex.PH; prepared rough site plan of the scene of occurrence Ex.PJ. He again went to C.M.C. and procured the dead body. Inquest report Ex.PD was prepared and set the dead body for post mortem. One pant, one pair of socks and shoes which were blood stained were taken into possession vide memo Ex.PK. The houses of the accused were raided. On 5.3.1996, the Investigating Officer took into possession the clothes of the deceased vide memo Ex.PL. On 6.3.1996, Rajesh Kumar and Deepak Kumar Mehra accused were arrested and on 9.3.1996 Chaman Lal and Deepak Kumar Verma surrendered in Court and they were arrested. On 10.3.1996, in pursuance of his disclosure statement Ex.PM Chaman Lal accused got recovered a "Chhuri" Ex.Pl from under a wooden plank in his shop, which was taken into possession vide memo Ex.PM/2. Similarly, Deepak Kumar Verma accused in pursuance of his disclosure statement Ex.PN got recovered Chhuri Ex.P2 from under the bricks in his court yard, which was taken into possession vide memo Ex.PN/2.
(3.) Dr. Kulwant Singh PW.2 on 5.3.1996 at 1.55 P.M. conducted autopsy on the dead body of Ramesh Kumar alias Gogi deceased and found the following injuries:- (1) Incised wound 1 1/2" x 1/5" cartilage deep, at the upper margins of the pinna of right ear, penetrating to the cartilage and going posteriorly the right lower end of occipital region and injury communicates with injury No.2. The wound had inverted margins. (2) Incised wound 1/3" x 1/8" with averted margins on the right occipital region at its lower end. (3) Incised stabbed wound 3" x 1/4" x 7 on the anterior frontal and medial aspect of middle l/3rd of right thigh. (4) Three small superficial incised wounds each of size 1/6" length on the front lateral aspect of right elbow. On exploration of injury No. l, it communicated with injury No.2, superficial. There was no fracture of any skull bone. On exploration of injury No. 3 it penetrated deeply and cuts through and through the right femoral vessels and there was big haematoma of size about half litre underneath the injury No.3.;