Adarsh Kumar Goel, J. - (1.) THIS order will dispose of Criminal Appeal No. 285 -DB of 2002 filed by Mohinder, Sultan, Balbir Singh and Samey Singh and Criminal Appeal No. 603 -SB of 2002 filed by Lal Singh, Deep Chand, Nanak Chand and Satbir.
(2.) THE appellants in Criminal Appeal No. 285 -DB of 2002 are aggrieved by their conviction, inter -alia, under Section 302 IPC, for which they have been sentenced to undergo life imprisonment. Fir was lodged by Satbir Singh (PW -5) nephew of deceased Duli Chand. According to him, followers of accused Balbir Singh used to occupy part of the school building causing inconvenience to the students, to which the deceased had raised objection. According to Satbir (PW -5), on 29.7.1996 at 10 -00 A.M., Balbir Singh accused, who used to give discourse, came alongwith Mohinder, Sultan and Samey Singh co -accused armed with lathies and in pursuance of their common intention, they assaulted Duli Chand. Balbir Singh gave lathi blow on the head above the left eye of deceased Duli Chand, Sultan gave lathi blow on the chin of Duli Chand, Mohinder gave lathi blow on the head of deceased, Samey Singh gave lathi blow on the head of Satbir Singh. Lal Chand (PW -4) and Nanak Chand came to rescue the injured, on which the accused ran away. Duli Chand was taken to the hospital. Statement of Satbir Singh was recorded by Lal Singh, SI (PW -7) at Safdarjang Hospital, Delhi. Lal Singh went to the spot and prepared site plan and sought opinion of the Doctor about fitness of Duli Chand to make statement. Duli Chand was not fit to make statement. PW -8 Siri Niwas conducted further investigation and on receiving information that Duli Chand died on 25.9.1996, he prepared inquest report and got post -mortem examination conducted. The post -mortem examination was conducted by Dr. Allexender F. Khaka (PW -6) on 26.9.1996. He found following ante mortem injuries 1. Swelling on the right side top of head vertically placed with a depressed area on palpation. 2. Healing lacerated wound on the left upper corner of forehead. Size 1.5 cm x 2.2 cm x.2 cm. 3. Healing lacerated wound on the chin area of left side of face. Size 1.5 cm x. 2 cm x. 2 cm.
(3.) ACCORDING to him, death was due to cranio cerebral injuries caused by blunt force impact with a hard and blunt weapon/object. Injury No. 1 was sufficient to cause death in the ordinary course of nature. All the above mentioned injuries were ante mortem in nature and caused by blunt and hard object.;