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G.T.NANAVATI, M.K.MUKHERJEE
Gurdial Singh – Appellant
Versus
State Of Punjab – Respondent
The evidence of the doctor is crucial in establishing the nature and cause of the injuries inflicted on the deceased. It helps determine whether the injuries were sufficient in the ordinary course of nature to cause death and whether they were caused by the accused’s act. The doctor's examination and findings provide medical expert opinion on the type, severity, and potential lethality of the injuries, which is essential for establishing elements such as intent, the manner of injury, and the causal link between the act and the death. This medical evidence can corroborate ocular testimony and other circumstantial evidence, thereby strengthening the prosecution's case and influencing the court's assessment of the accused's liability.
JUDGMENT
M. K. MUKHERJEE., J. :- Darshan Singh, Mukhtiar Singh and Gurdial Singh, the appellants herein, were tried by the Judge, Special Court, Ferozepore for committing the murder of one Rampal with fire-arms in furtherance of their common intention. The learned Judge acquitted Darshan Singh and Mukhtiar Singh but convicted the appellant under Section 302,I.P.C. and S. 25, Arms Act, and sentenced him to suffer imprisonment for life for the first conviction and rigorous imprisonment for 1.1/2 years for the other, with a direction that the sentences would run concurrently. Hence this appeal.
2. According to the prosecution case the deceased and his father Amrit Lal (PW-3) used to run a Kirana shop in village Machhi Bugra. On June 2, 1984, at or about 6.30 p.m. when Ram Pal had come out of the shop to down its shutters the three accused came there on a scooter driven by Darshan Singh. The appellant and Mukhtiar Singh then got down from the scooter and shot at Ram Pal with the firearms, each of them was carrying, resulting in his instantaneous death. Thereafter all of them ran away on the scooter. Finding his son dead. Amri Lal rushed to the police station to lodge a report.
3. S.I.
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