PRITPAL SINGH, J. - (1.) KARAM Chand, Surinder, Rajpal, Om Parkash, Iqbal, Bhim Singh, Billu alias Amar Singh and Buta alias Jagdish, residents of village Debarki in district Karnal, have been convicted under Section 302 read with Section 149, Indian Penal Code, and each of them has been sentenced to undergo imprisonment for life. They have been convicted under Section 148 of the Code and sentenced to three months' undergo imprisonment, each. Both the sentences have been ordered to run concurrently. From this order two appeals have arisen; one filed by Karam Chand, Surinder, Rajpal, Prem and Om Parkash (Crl. Appeal No. 336-DB of 1985) and the other by Iqbal, Bhim Singh, Billu alias Singh and Buta alias Jagdish (Crl. Appeal No. 357-DB of 1985). For obvious reasons both the appeals are being decided together.
(2.) KARAM Chand, Surinder and Rajpal accused are brothers. Iqbal accused is their cousin. Prem and Om Parkash accused are also brothers and so are Bhim Singh, Billu alias Amar Singh and Buta alias Jagdish. Sucha Singh deceased, who is the murder victim in this case, had criminal litigation with Om Parkash, Prem, Rajpal, Surinder and Iqbal accused. The relations between the deceased and the accused were, therefore, strained. Gist of the prosecution case is that on February 5, 1985 the deceased Sucha Singh along with his mother Gurbachan Kaur (PW5) and brother Davinder Singh (PW-6) left their frame-house, situated at a distance of about 1-1/2 K.M. from village Debarki at about 4.00 p.m. to go to village Nalipur in order to realize money from one Nakli Ram who was their erstwhile servant. They reached near the school of village Debarki at about 5.00 p.m. All the nine accused emerged from behind the school building. Three of them, namely, Karam Chand, Surinder and Rajpal were armed with lathis and the rest of them unarmed. They surrounded Sucha Singh deceased. The accused armed with lathis started showering lathi blows on him felling him to the ground and thereafter further lathi blows were given to him while he was lying down. The remaining accused gave him fist blows Gurbachan Kaur (PW5) and Davinder Singh (PW6) ran away to their farm-house from where they brought a cart to the place of occurrence and found that Sucha Singh was lying unconscious. The accused had already left the spot. Sucha Singh was brought to the Civil Hospital, Karnal, at 11.15 p.m. where he succumbed to the injuries at 5 minutes past mid-night. Dr. Susheel Kumar Bathla (PW2) sent information to the Police Station Sadar, Karnal. In pursuance thereof Assistant Sub Inspector Madan Lal (PW7) reached the hospital and recorded the statement of Gurbachan Kaur (PW5) at 1.35 a.m. On the basis of this statement of formal First Information Report was registered at the Police Station. A.S.I. Madan Lal prepared the inquest report (Exhibit PD/3) and subsequently arrested the accused. Autopsy performed on the dead body of Sucha Singh by Dr. N.K. Mehta (PW.3) revealed the following injuries : (1) 2 cms. x 1 cm. contusion was present on the forehead, 5 cms. above the right eye-blow. (2) Irregular shaped 5 cms. x 1.15 cm. contusion on the left side forehead 4 cms. above the eye-blow. (3) On the outer aspect of nose, contusion 2 cms. x 1 cm and on opening the nasal bone was fractured. Bleeding from both the nostrils was present. (4) Left eye lids were swollen, odematous, reddish bluish coloured and also adjoining lateral forehead was contused. (5) Just lateral to injury No. 4 there was a boggy swelling 5 cms. x 4 cms. skin was contused. On opening the scalp there was haematoma below the scalp underlying parietal bone was fractured in pieces. Underlying brain was lacerated. Subdural and intercerebral haematoma was present. (6) 2.5 cms. from the mid line of the neck in middle part on the left side, contusion of 3 cms. x 11 cm. was present. (7) Contusion 1 cm. x 1 cm. was present on the right ear lobule. (8) On the right shoulder contusion 2 cms. x 1 cm. on the outer aspect was present. (9) On the back of the chest and trunk there were multiple irregular contusions which were present more on the back of trunk. (10) On the back of trunk, railway track bruise extending from the inferior angle of right scapula ending towards mid-line, 25 cms. below the root of neck. The length was 24 cms. and width of each bruise was 1 cm. and the distance between the two bruises was 1.5 cms. (11) 20.5 cms. below injury No. 10 similar railway track bruise was present in the same direction. (12) 11 cms. below the right shoulder on outer aspect of arm. Railway track bruise of similar width and distance as described injury No. 11 was present. Length was 7 cms. (13) 10 cms. below injury No. 12 similar (railway) track bruise on the arm were present. (14) On the both buttocks there were multiple railway track bruises and contusions. (15) On the left shoulder on outer aspect contusion 20 cms. x 10 cms. (16) 1.5 cms. x 1 cm. contusion on the left upper thigh 3 cms. below the anterior iliac spine. (17) Contusion 2.5. cms. x 1 cm. on the lateral part of left thigh, 12 cms. x below the anterior iliac spine. (18) 0.5 cm. x 0.75 cm. contusion on the dorsum of left hand in middle part. (19) 3.5 cms. x 1 cm. contusion on the left leg, 2 cms. below knee-cap. (20) 3 cms. x 0.5 cm. contusion on the left leg, 10 cms. below the tibial spine. (21) 2.3 cms. x 1.5 cms. contusion on the right knee-cap. In the opinion of the doctor these injuries were sufficient to cause death in the ordinary course of nature. Injury No. 5 in dividually was also sufficient to cause death.
(3.) THE prosecution case was supported by Gurbachan Kaur (PW5) and Davinder Singh (PW6) at the trial. The accused, when examined under Section 313 of the Code of Criminal Procedure, denied complicity in the crime and alleged false implication. The learned trial Court, placing reliance on the testimony of the eye-witnesses convicted and sentenced the accused as mentioned above.;