RAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The two appellants along with many others were convicted under section 302 read with S. 149 and the provisions of the Indian Penal code for causing death of one Manohar Lal and injuring other persons. The High court came to hold that the alleged common object had not been established and it was a free fight rising out of hurling of abuses. It was not possible to find as to which party was the aggressor. The High court, therefore, came to the conclusion that it was a free fight and that the authors of the injuries would be punishable for their respective blows. The conviction under S. 148 was set aside. Apart from the present appellants in regard to others the High court vacated their con- viction under S. 302 and convicted them under S. 325 IPC. In regard to these two appellants, on the basis of the oral evidence as also the medical evidence the High court sustained the conviction under Section 302 and maintained the sentence of imprisonment for life.

(2.) When special leave was granted it was confined to the question relating to the nature of offence and sentence.

(3.) Mr Mulla appearing in support of the appeal contended that the deceased received two injuries on the head and the third one as the doctor has said could have been caused by fall. According to him since the jaili was used as a lathi and not as a piercing instrument but the metallic sharp ends attached to it have been found to have caused two injuries on the head.