PITAM SINGH Vs. STATE

JUDGEMENT

(1.) AS per the prosecution, appellant Pitam Singh was having a property dispute with his brother Vijay @ Pardesi (deceased) and on 11.3.2000, accompanied by Subodh PW-2, Rajpal PW-5 and Sanjay PW-10, he went to the house of the appellant to demand his share in the property and when the demand was refuted, Vijay picked up a table from the house of the appellant and walked away. When Vijay, Subodh, Rajpal and Sanjay reached a nallah at some distance from the house of the appellant, the appellant and his son Pratap Singh (proclaimed offender) overtook the 4 and saying that he would teach Vijay a lesson for demanding a share in the property, using a iron rod (saria) the appellant assaulted Vijay as a result whereof he sustained serious and grievous head injuries which proved fatal i.e. Vijay died. When they intervened, Sanjay, Rajpal and Subodh were also assaulted. Vijay was brought dead to the hospital where he was removed after the assault. The appellant and his son fled from the scene of the crime and after he was arrested the appellant admitted to the crime and stated that he could get recovered the iron rod used by him to assault his brother and after making the statement he led the investigating officer to his house and produced an iron rod from the roof of his house.

(2.) THE post-mortem of the deceased was conducted by Dr.Gautam Biswas PW-3 at GTB Hospital and as per the post-mortem report Ex.PW-3/A the deceased had as many as 7 injuries on his person, as under-

(3.) NEEDLESS to state case of the prosecution hinged upon the testimony of Subodh, Rajpal and Sanjay who were examined as PW-3, PW-5 and PW-10 respectively.