IMPORTANT POINT
There is no proposition in law that relatives are to be treated as untruthful witnesses.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of the Division Bench of the Himachal Pradesh High Court holding the appellant and one Surjit Singh guilty of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’) and each sentenced to imprisonment for life and to pay a fine of Rs.5,000/- with default stipulation. By order dated 19.2.2001, the Special Leave Petition was dismissed qua Surjit Singh.

2. Prosecution version leading to the trial is as follows :

Both the accused are brothers. They and Ravinder Kumar (hereinafter referred to as the ‘deceased’) were the residents of Village Nangal Jarialan, Tehsil Amb District Una. On 17.01.1998, the deceased had gone to Nangal Jarialan market for purchasing some articles where he met Adesh Kumar (PW-14) and Raghubir Singh (PW-15). PW-14 told them that he wanted to go to some secluded place away from the market for excreting. PW-15 and deceased accompanied PW-14 on his scooter who drove it towards the rivulet. He stopped the scooter at the road side and went towards the shrubs in the nallah. The deceased and PW-15 remained standing near the scooter waiting for the arrival of PW-14 who returned after some time. In the meanwhile, both the accused happened to pass through the place on a tractor bearing registration No.PB-07-D-6173. They saw the deceased standing on the road side. They stopped the tractor and pounced upon the deceased by wielding a ‘Drat’ and `Danda’. Surjit Singh hit the deceased on the head with the ‘Drat’ and Rajesh Kumar assaulted with ‘Danda’ and gave blows on other parts of the body. The deceased started wailing whereas PWs.14 and 15 were bewildered. PW-14 was able to over power Rajesh Kumar and in the process the deceased managed to get himself freed from the clutches of the accused. He ran towards the field in order to save his life with bleeding injuries. But he could manage to go up to a distance of few feet, and fell down and became unconscious.

Both the accused fled away from the scene of the occurrence on the tractor before other persons could reach at the scene of occurrence. On hearing about the incident Shri Harnam Singh (PW-16), President, Gram Panchayat, Nangal Jarialan, came at the spot with numerous other persons. PW-14 informed the police at Police Station, Gagret about the incident. He also brought Dr. Baldev (PW-20) a private medical practitioner from the village who examined the deceased and advised that the deceased be immediately taken to the hospital. The deceased was thereafter taken to Civil Hospital, Gagret. The mother of the deceased Smt. Jamna Devi (PW-1) after being informed about the incident, reached at Civil Hospital, Gagret at about mid night. The deceased succumbed to his injuries on the same day. Dr. Bhardwaj (PW-11) medically examined the deceased on the same day at about 8.40 P.M., in Primary Health Centre, Gagret. He noticed that the deceased was unconscious and was not responding. He found the following injuries on the person of the deceased;

1. An incised wound on the scalp present on the occipital and parietal area 5 cms. Long. The margins were regular and smooth. There was no fresh bleeding oozing out of the wound. This wound was 2cms. Deep.

2. Bruise mark 2 cm x 2 cm present on the mastoid area of right pinna.

3. Lacerated wound on left hand between the index finger and fourth finger. It was not bleeding.

4. Two lacerated injuries on the right leg. One injury was 1 cm x 1/2 cm with irregular margins. It was irregular margins. It was present 8 cms below patella of right leg. Second injury was 1 cm x 2 cm with irregular margins present 6 cms below the first one.

5. Lacerated wound 2cms. long skin deep present on the left forearm on the dorsal aspect of the hand. Dr. N.K.Bhardwaj advised shifting of the deceased to District Hospital, Una for X-ray and further treatment. He had stitched the wound on the head of the deceased and due to stitchin