JARNAIL SINGH AND ORS. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Having heard Ms. Pushpa Joshi, learned Senior Counsel appearing for the appellant/applicant as well as Mr. H.O. Bhakuni, learned Addl. Government Advocate appearing for the State/respondent on the question of releasing the convict Jarnail Singh on bail, it transpires that the quarrel between the deceased and all the three accused persons (real brothers) erupted disputing the boundary of their agricultural field. In as much as, Jarnail Singh (A -1) armed with ballam, Jageer Singh with patal and Sukhvinder Singh with baton extended massive indiscreet beating of the deceased till he breathed his last. Ms. Pushpa Joshi, learned Senior Counsel appearing for the appellants has argued that the Doctor in his statement on oath has deposed that whatever injuries have been shown in the autopsy report are not possible by piercing weapon.

(2.) This argument has been refuted by learned State Counsel drawing the attention of this Court, just to the next statement of same Doctor, who has also deposed that if even piercing weapon is slapped by pressure then these injuries are possible.

(3.) In our opinion, the ballam may not always be in the round shape piercing weapon but sometimes it has sharp edges as well to cause such type of injuries, which are 8 incised wounds (recorded in 6 seriatim) that has been evinced in the autopsy report.