Kanwaljit Singh Ahluwalia, J. - (1.) Gordhan, father of the complainant Vinod (P.W. 6) and husband of Shanti (P.W. 12) on 27.10.2009 at 8:00 AM, in village Murrika was assaulted as a result thereof he died. In the written report (Exhibit -P/8), the complainant had named seven persons, namely Radhey s/o. Ramprasad, Teekam and Vishnu both sons of Ramey, Pawan s/o. Vishnu, Uttam s/o. Siyaram, Sunil s/o. Uttam, Rajjo s/o. Inder, as accused. In written report, it was specifically alleged that Radhey had caused Dhariya blow on the head of Gordhan, father of the complainant Vinod (P.W. 6). The said injury had proved fatal.
(2.) In the medical evidence, on the person of Gordhan deceased, one injury was found on the head and another injury was blackening of the eye. In cross -examination, Dr. Kedar Garg (P.W. 16) admitted that blackening of eye may be result of the impact of the fatal injury on the head.
(3.) The investigating agency had not sent Radhey s/o. Ramprasad and Rajjo s/o. Inder for the trial. The report of investigation was submitted against five accused namely Teekam, Vishnu both sons of Ramey, Pawan s/o. Vishnu, Uttam Chand s/o. Siyaram and Sunil s/o. Uttam.;