HAMEK SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prosecution case is as under:-

(2.) The prosecution in support of its case, examined, inter alia, PW-5 Billu, a witness to the motive who did not support the prosecution; PW-6 Dr. A.K. Gupta, who proved the MLR of Jaswant Singh and had opined that injury No. 3 was grievous; PW-7 Dr. S.K. Gupta, Radiologit, who on X-ray had found fracture of the middle phalanx of the little finger (injury No. 3); PW-8 Dr. Sunil Bajaj, who proved the post-mortem report, Ex. PN, and opined that the cause of death was intestinal perforation and tear causing heamoperitonium, shock and peritonitis; PW-10 Surinder Singh, who too was an eye-witness but turned hostile; PW-11 Tarsem Singh son of Jaswant Singh, though not an eye witness, stated that his father had made a dying declaration and had given details about the occurrence and also named the four accused as the assailants; and PW-12 ASI Sada Ram, the Investigating Officer. Gurbaksh and Harpal, who too had been cited as eye-witnesses, were, however, given up as having been won over by the accused.

(3.) The prosecution case was then put to the accused and they denied the allegations levelled against them and pleaded that they had not been involved in the incident and had in fact been taken into custody by the police on April 25, 1994 and thereafter implicated.