RAM KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) A delicate issue requiring very circumspective approach is mooted before me. Whether, on the same set of evidence, particularly when it has not been established on the record as to who is the author of the fatal injury, one accused out of six accused can be singled out for conviction ?

(2.) IT is alleged that on 6.12.1984 at about mid-night, the accused which were six in number caused injuries to Ram Niwas with Lathis. The occurrence was witnessed by Sube Singh, father of the deceased. Ram Niwas was removed to Civil Hospital, Ghanaur by the sons of Chandru accused from where he was referred to Civil Hospital, Sonepat. Eventually, Ram Niwas was referred to Medical College and Hospital, Rohtak where he succumbed to his injuries near Kharkhoda. Post mortem examination was performed on the dead body on 7.12.1984. The Investigation in the case was completed and all the six accused were challaned under Sections 304, 342 and 506 of the Indian Penal Code.

(3.) FEELING aggrieved, the appellant has challenged his conviction and sentence in this appeal.