TMI Blog2016 (3) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Santa Singh. There are as many as five stabbed wounds out of the six ante mortem injuries. The word alibi means “elsewhere”. The plea of alibi is not one of the General Exceptions contained in Chapter IV of IPC. It is a rule of evidence recognized under Section 11 of the Evidence Act. However, plea of alibi taken by the defence is required to be proved only after prosecution has proved its case against the accused. In the present case said condition is fulfilled. After scrutinizing the entire evidence on record, we do not find any illegality in appreciation of evidence, or in arriving at the conclusion as to the guilt of the present appellant by the High Court.Therefore, for the reasons discussed above, we find no force in this appeal which liable to be dismissed. - Criminal Appeal No. 2099 of 2008 - - - Dated:- 6-1-2016 - Dipak Misra And Prafulla C. Pant, JJ. JUDGMENT Prafulla C. Pant, J. This appeal is directed against judgment and order dated 02.09.2008, passed by High Court of Punjab and Haryana, Chandigarh, whereby the High Court has disposed of Criminal Appeals No. 209 D.B. and 568 DBA, both of 1998 and Criminal Revision No. 654 of 1998. The appeal f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id not stop there and also assaulted Harbans Singh (deceased) with Kripan. Accused Darshan Singh (appellant) also took out his Kripan and inflicted injuries on the person of Santa Singh (another deceased). Accused Darshan Singh (appellant) is said to have given blows also to Raj Singh. Pal Singh and Jhanda Singh caught hold of Gursewak Singh, and Darshan Singh assaulted them also. Accused Boota Singh instigated other accused that no one should be escaped alive. The injured were taken to Guru Gobind Singh Medical Hospital, Faridkot, where Santa Singh and Harbans Singh succumbed to their injuries. 4. Report of the above incident was lodged by complainant Amrik Singh (PW-2). On the basis of it, FIR No. 14, dated 17.02.1995 was registered at Police Station, City Faridkot. The investigation was taken up by Sub- inspector Ranjit Singh (PW-17), who took the dead bodies in his possession, sealed it, prepared inquest report and got sent them for post-mortem examination. Dr. Sarabjit Singh Sandhu (PW-4) conducted post-mortem examination on the dead bodies of Santa Singh and Harbans Singh on 17.02.1995, and prepared autopsy reports. The other injured were also medically examined by PW-4 Dr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... han Singh and Lachman Dass is not proved and, as such, they were acquitted. However, accused Surain Singh was convicted under Section 302 of IPC for committing murder of Harbans Singh and also under Section 307 of IPC for attempting to murder Sukhchain Singh. He (Surain Singh) was further convicted under Section 324 of IPC. Rest of the accused Jhanda Singh, Jasmail Singh and Pal Singh were convicted under Sections 302/34, 307/34 and 324/34 of IPC. After hearing the sentence, the trial court sentenced the convicts to various sentences. 9. Convicts Surain Singh, Jhanda Singh, Jasmail Singh and Pal Singh challenged their conviction before the High Court, and by the impugned order the High Court allowed appeal of Jhanda Singh, Jasmail Singh and Pal Singh, but appeal of Surain Singh was dismissed. The connected appeal No. 568 DBA of 1998 filed by the State qua Darshan Singh against order of his acquittal was allowed, and he was convicted under Section 302 of IPC for committing murder of Santa Singh and sentenced to imprisonment for life and directed to pay fine of ₹ 5,000/- with default clause. He was further convicted under Section 324 of IPC for voluntarily causing hurt with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e being reproduced below from autopsy report of Santa Singh:- 1. Transverse stab wound 3 x 0.5 cm was present on the anterior side of chest on the left side, 6 cms below and lateral to left nipple at 4.00 O clock position. C.B.P was present. On dissection, it is going in wards and medially through 6th inter costal space, piercing the pericardium and left vertical. Pericardial sac contains about 200 C.C of fluid blood. 2. Transverse stab wound 3 x 0.5 cm on the lateral side of left side of chest 6 cms lateral to the injury no.1. It was bone deep C.B.P. 3. Transverse stab wound 2 x 0.5 cm was present at the back of the left side of abdomen 3 cms lateral to midline and 15 cm above the posterior superior iliac spine of left side on dissection, the peritoneum large intestia was cut. Peritoneal cavity contained about 500 C.C. of fluid and clotted blood. 4. Transverse stab wound 2.5 x 0.5 cm was present on the back of the left side of abdomen, 6 cms lateral to the injury no.3 C.B.P. It was skin deep. 5. An oblique stab wound 1.5 x 25 cm on the back of left side of chest, 2 cms from the midline and 20 cms below the nape of the neck, it was bone deep C.B.P. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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