Satish Chandra Mittal, J. - (1.) KARTARA , aged 15 years, his other Sarti and his paternal uncle Chander were tried on charge under Section 304, read with Section 34, Indian Penal Code, for committing the culpable homicide of their relation Jai Narain in furthe ance(sic) of their common intention. The Additional Sessions Judge, Sonepat, acquitted Chander, but convicted the other two on the said charge and sentenced each of them to life imprisonment and fine of Rs. 500/ -each. Feeling aggrieved, they have preferred this appeal.
(2.) PROSECUTION case is that on 11th February, 1977, at about 7 p.m ., Rajbir, aged 7 years, son of Jai Narain deceased, was playing in the street of his village Pur Khas, Dharambir, aged 12 years, son of Smt. Sarti, came on bicycle. The donda with which Rajbir was playing struck the mudguard of the cycle. At this, Dharambir, alighted and thrashed Rajbir, who went weeping to his father Jai Narain, Dharambir went to his mother Sarti and complained to her that his uncle Jai Narain was after him. Chander who was then present, went to the gher of Jai Narain situate in the vicinity and asked him to come out. Jai Narain and hit wife Smt. Bhagwan P.W. came out. Chander asked Jai Narian as to why he wanted to beat Dharambir. In the meantime, Santi armed with mogra and Kartara with lathi came on the scene. Kartara struck a lathi blow on the head of Jai Narain, followed by a mogra blow on the back of Jai Narain by Sarti. Banwari P.W. tried to intervene, but Kartara and Sarti did not desist from causing more injuries to Jai Narain. Thereafter, they went to their house. Jai Narain and Bhagwani went to their house. On the morning of 12th February, 1977, Bhagwani took her husband Jai Narain to the hospital in Ganaur where at 10.30 a m. Dr. Trilock Chand Arora examined him and observed as follows: 1. Contusion of about 8 cm. x 8.5 cm. over the right side of the scalp and forehead about 3 cm. above the right eyebrow and about 2cm above the right ear Colour was reddish blue. Tenderness of the area was present. 2. A reddish contusion about 2 cm x 2cm. over the centre of farenad. 3. A reddish contusion of about 3 cm. x 2 cm over the forehead just above the left eyebrow.
(3.) REDDISH contusion of about 6 cm. x 4 cm. over the left supra scapular region, about 4 cm. away from midline of back. In the opinion of the doctor, the injuries were caused by a blunt weapon within 2 hours. Injuries 2, 3 and 4 were simple in nature. Later, the X -ray result, injury No. 1 was declared grievous. 4. The same day (12th February, 1977) Bhagwani lodged report Exhibit P. L. at Police Station, Ganaur. It was recorded by Head Constable, Banarsi Dass in the daily diary. For better treatment, Jai Narain, was referred to the Medical College Hospital, Rohtak, where on 14th February, 1977. his head was X rayed by Dr. Raj Kumar Airon. Fracture of the right fronto parietal bone was detected vide report Exhibit P.F. Thereupon, a case under Section 325/34, Indian Penal Code, was registered at the Police Station above said on 16th February, 1977. against the above said three accused persons.;