JUDGEMENT
A.S.GARG,J -
(1.) KRISHAN PW.6 is the real brother of Satbir alias Bale deceased. They had allegedly taken meals together on the night of 24.7.1996. Satbir after taking the meals departed from his brother and when he did not return home, Krishan PW.6 started searching for his brother Satbir and found the dead body in an uncultivated field in the area of village Bad Malik. He also found a deep cut below the right side of chin caused with a sharp-edged weapon. He then returned to the village and informed Heera and Ram Parkash. He left Heera and Ram Parkash near the dead body and went to inform the police.
(2.) SI Parkash Chand PW.10 along with other police officials was present at 20th Miles in connection with detection of crime. Krishan PW.6 met him there and he made a statement Ex.PG and on its basis formal F.I.R. Ex.PG/2 was recorded at 7.15 P.M. on 25.7.1996. The special report reached the Ilaqa Magistrate at 9.15 P.M. Sudhir Kumar PW.5, a photographer took photographs Exs. P4 to P6, the negatives of which are Exs. P7 to P9. The Investigating Officer then reached the scene of occurrence and prepared rough site plan Ex.PN of the scene of occurrence. The said SI lifted blood-stained earth vide memo Ex.PH. He prepared inquest report Ex.PA/2 and sent the dead body for post mortem vide request Ex.PA/1. He also took into possession the clothes of the deceased after post mortem vide memo Ex.PC.
During further investigation of the case Udey Singh PW.7, revealed that on the night of 24.7.1996, around 11.00 P.M., he had seen the appellant Tara Chand and his father Raghbir Singh quarrelling with the deceased near a bridge near Pritampura Mor. He tried to save but ultimately Udey Singh returned to the village whereas the deceased and the appellant and his father went in another direction. It was also revealed further that Tara Chand made an extra judicial confession before Sukhbir Singh PW.8 that he had stabbed the deceased to death because there was a dispute over a match box between the deceased and the appellant-accused and that he had taken the knife of the deceased and stabbed him to death. On this information, the appellant Tara Chand was arrested on 31.7.1996 when he was produced by Sukhbir Singh PW.8. On 2.8.1996, the appellant was interrogated. In pursuance of his disclosure statement Ex.PJ, he got recovered knife Ex.P1 which was taken into possession vide memo Ex.PK.
(3.) DR . B.D. Chaudhary PW. 1 conducted autopsy on the delay body of the deceased on 26.7.1996 at 10.00 A.M. and found the following injuries :-
(1) There was black eye on the left side with swelling of the left eye ball. (2) There were multiple contusions of various sizes present on right side of the neck, right fore arm and right leg and lower part of abdomen and chest right side. (3) There was cut wound of 7 cm x 3 cm on the right side of sub mandibular region. The wound was lying transversely. The probe could go upward and medially upto 6 cms. The muscles were exposed. The further exploration showed cut in the common carotid artery 0.5 cm x 0.5 cm. (4) Incised wound of size 7 cm x 2 cm on the right side of the chest lower part. The wound was skin deep. ;
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