SIKANDAR PAL Vs. STATE OF H P

JUDGEMENT

(1.) Appellants are aggrieved by the judgment dated 5/9/2006 of learned Additional Sessions Judge, Kangra at Dharamsala, whereby they have been convicted of offences, under Secs. 302, 341, 323 and 504 read with Section 34 IPC and the order of sentence dated 11/9/2006, whereby they have been sentenced as follows: <FRM>JUDGEMENT_104_CRIMES2_2010Html1.htm</FRM>

(2.) Prosecution case, which led to the trial and incidental conviction and sentence of the appellants, may foe stated. Appellants Sikandar Pal, Ashok Kumar and Satish Kumar are real brothers. Appellant Shashtri Devi is their mother. PW2 Raghubir Singh, his brother Sat Pal (deceased) and their mother Shakuntla, as also the appellants are residents of village Khatiar, Tehsil Fatehpur, District Kangra. Their houses are situated opposite each other's. Ahead of their houses, there are courtyards. Their respective courtyards and houses are separated by a path, which has been raised with earth and stones, and in local parlance such a path is called Atli. The two parties had been having dispute, with respect to the use of that path. On 5.9.2004 around 11 p.m., when PW2 Raghubir Singh, who worked as Taxi Driver at Pathankot, returned to his village and was going to his house along the aforesaid Atli, he was attacked by all the four appellants. Appellant Ashok Kumar was armed with an axe, appellant Satish Kumar was armed with a Darat, appellant Sikandar Pal was having a Danda and appellant Shashtri Devi was carrying a piece of chopped wood (Pachar). PW2 Raghubir Singh raised alarm, on hearing which, his mother) Shakuntla Devi, brother Sat Pal (deceased) and father Puran Chand reached the spot. They too were attacked. Deceased Sat Pal was dealt axe and Darat blows on his head. He was also dealt also Danda blow on his head. Shakuntla Devi was also inflicted injuries by means of axe, Darat, Danda and Pachar by the appellants with their respective weapons. Puran Chand, father of PW2 Raghubir Singh and deceased Sat Pal, was also caused some injuries. Sat Pal became unconscious. Shakuntla Devi also sustained some serious injuries. They were taken to Primary Health Centre, Fatehpur. Report was lodged with the police at Fatehpur, which was entered in the Rojnamcha. Copy of the same is Ext. DA. Seeing his condition, doctors at PHC Fatehpur referred Sat Pal to Zonal Hospital, Dharamsala, where he succumbed to his injuries. He had a number of injuries on his person, including swelling over the right half of the forehead and temporal region and an incised wound over the scalp just in the middle of joining point of pinna of both the ears. Postmortem examination of the dead body was conducted by PW22 Dr. A.K. Sharma, who opined that two injures on the head led to fracture of skull and haemorrhage of brain, resulting in death. In addition to the. aforesaid injuries, PW22 Or. A.K. Sharma, noticed the following 11 injuries:

(3.) On the person of Shakuntla Devi, PW1 Dr. A.S. Parmar, noticed an incised wound 2" long on the forehead above the left eye brow. It was bleeding. PW2 Raghubir Singh was also examined by the same doctor. He had only one lacerated wound 2" long and / " wide over the left lateral aspect of scalp, which was simple in nature and had been caused with some blunt weapon.