Kanwaljit Singh Ahluwalia, J. - (1.) The case of the prosecution is that on 22.5.2005 in the night at 9:30 PM, in the revenue estate of village Kadaiyavan, fourteen persons namely Jodhraj S/o. Mathura Lal, Hemraj S/o. Birdhi Lal, Bhanwar Lal S/o. Mathura Lal, Mathura Lal S/o. Baldev, Dwarka Lal S/o. Ram Narayan, Dev Kishan S/o. Ram Narayan, Prakash @ Om Prakash S/o. Birdhi Lal, Naval @ Naval Kishore S/o. Birdhi Lal, Badri Lal S/o. Kanwar Lal, Ram Prasad S/o. Narayan @ Ram Narayan, Prabhu Lal S/o. Birdhi Lal, Jagdish Prasad S/o. Mathura Lal, Ram Dayal S/o. Ram Narayan and Pooran Mal S/o. Ram Narayan, constituted unlawful assembly and caused injuries to Hariram, as a result of which, in the intervening night of 22nd May and 23rd May of 2005, Hariram died.
(2.) A perusal of the injury report (Exhibit -P/16) reveals that Hariram was examined on 22.5.2005 at 10:45 PM and in the injury report (Exhibit -P/16) prepared by Dr. Rajeev Soni (P.W.14), following three injuries were noticed: - - "(i) Abrasion 1cm x 1cm, right side of forehead, simple, blunt. (ii) Incised wound, 7cm x 1cm, muscle deep, right side of neck, obliquely, simple, sharp. (iii) Incised wound, 20cm x 7cm, intestine coming out, anterior on abdomen, longitudinal, grievous and dangerous to life, sharp."
(3.) Hariram died on the intervening night of 22nd May and 23rd May of 2005, therefore, on the very next morning i.e. 23.5.2005 at 8:15 AM, vide Post Mortem Report (Exhibit -P/17), Dr. Rajeev Soni (P.W.14) had conducted post mortem. In the Post Mortem Report, above three injuries noticed in the injury report (Exhibit -P/16) have also been mentioned and in the Post Mortem Report (Exhibit -P/17) also site and dimensions noted are the same. A perusal of the injuries, reveals that injury No. 1 is abrasion measuring 1cm x 1cm, injury No. 2 is incised injury measuring 7cm x 1cm on the neck. The said injury was declared simple in nature. As per opinion on the Dr. Rajeev Soni (P.W.14) cause of death was shock due to excessive hemorrhage from abdominal wound. Thus, injury No. 3 had proved fatal.;