Adarsh Kumar Goel, J. - (1.) THE appellants challenge their conviction under Sections 302/34 IPC for which they have been sentenced to life imprisonment and to pay fine of Rs. 1,000/ - each, in default, to undergo further RI for six months.
(2.) CASE of the prosecution is that Raj Kumar deceased and his brother of Mangat Ram (PW -5) were going to Lakhi Karyana Store for purchasing some articles at 8.00 P.M. on 19.9.1994. When they reached near the house of Charan Dass, Uttam Singh accused father of the appellants (since acquitted) and the appellants emerged from their street. They stated that they had asked Raj Kumar not to come to their street and they will eliminate him. Uttam Singh took Raj Kumar in his grip. Dashinder Singh, appellant No. 1, took out a knife from his pocket and he gave a blow on the lower portion of his chest. Surinder Singh accused was also holding a knife and he gave a blow on the left side of his back. They also gave some more blows with their knives on the left arm of Raj Kumar. Mangat Ram tried to intervene but he was caught hold by Uttam Singh. PW -4 Anil Kumar who was standing nearby also witnessed the occurrence. Mangat Ram raised alarm which attracted many people. The accused ran away with their weapons. Raj Kumar was taken to the hospital by Mangat Ram and his cousin Surinder. ASI Sham Lal (PW -9) reached the hospital on receiving information and recorded statement of Mangat Ram, Ex.PB, which led to registration of the FIR under Sections 307/34 IPC. Raj Kumar injured was taken to PGI, Chandigarh, where he died on 24.9.1994 i.e. after five days. He remained unfit to make statement. After his death, offence was converted to Section 302 IPC. Mangat Ram made a supplementary statement that he came to know that Raj Kumar deceased had love affair with the daughter of Uttam Singh and her family members were aware about this fact. ASI Sham Lal went to the spot on 20.9.1994 and prepared rough site plan. Accused were arrested on 22.9.1994. On disclosure -statement of the accused, knives (Ex.P1 and Ex.P2) were recovered.
(3.) DURING interrogation, Uttam Singh was declared innocent and though he was sought to be discharged, but he was also charged under Section 302/34 IPC. The prosecution examined nine witnesses. Main witnesses of the prosecution are PW -4 Anil Kumar and PW -5 Mangat Ram, who are the eyewitnesses. PW -7 Dr. K.S. Rana conducted the post -mortem examination and according to him cause of death was septicemia due to intra abdominal and chest injuries which were ante mortem and sufficient to cause death in the ordinary course of nature. Relevant part of the statement of Dr. K.S. Rana is as under: I found as follows: INJURIES: 1. A stitched wound 2 cm long on antero lateral side of chest on left side 7 cm below nipple at 4 O'clock position. 2. 2.5 cm stitched wound in midline on back of trunk in lumber region. 3. 3 cm stitched wound in upper arm left in the middle on medial surface. 4. 2 cm stitched wound in left upper arm just (4 cm) below injury No. 3. 1.5 cm stitched wound just below axilla. Stitched wound 2.5 cm left upper arm near shoulder. STITCHED wound 4 cm left side abdomen in front 1.2 cm away from midline. DRAIN present in both ilac fossa. M stitched wound present in front of abdoMen froM xiphisternuM to the public syMphysis. 2.5 cm stitched wound on right side of chest in antereo exillary line. 2.5 stitched wound in right abdomen right side 10 cm away from midline in upper 1/3rd. 5 cm stitched wound in right upper arm near elbow joint medial surface. Internal injuries: Both plural cavities full of blood. Pleura is suptured under the injury No. 1. Trachestomy wound present. Lower lobe an incised 1 1/2 cm x 1/2 cm x 1 cm present on lateral anterior surface of left lower lobe of lung. Both lungs show pus mixed blood on cut section. Peritoneum cavity contains 500 CC of blood and foul smelling fluid present. Peritoneum stitched anteriorly in the midline. Stitched wound at the junction of gastroduodenum. Jejunum - A stitched wound on anterior surface of jejunum was present. Stitched wound at the terminal ileum and transverse colon. Stitched wound 2 in number on left kidney 2 cm each. In my opinion, the cause of death was septicaemia due to intra abdominal and chest injuries which are sufficient to cause death in ordinary course of nature and injuries were antemortem in nature. The probable time between injury and death was within five days and between death and post mortem examination was within 24 hours.;