IMPORTANT POINT
When victim suffered so severe injuries as to lose his memory, conviction u/s 326 and 307 cannot be set aside.

Judgment:

Dr. Arijit Pasayat, J.

1. Leave granted in S.L.P (Crl.) No.2007 of 2008.

2. These appeals are directed against the judgment of the learned Single Judge of the Punjab and Haryana High Court upholding the conviction of the accused-appellants and two others for offence punishable under Sections 326 and 307 read with Section 34 of the Indian Penal Code, 1860 (in short the `IPC). However, the sentence of 10 years rigorous imprisonment as awarded by learned Additional Sessions Judge, Rohtak, was reduced to 7 years while the sentence of 3 years in respect of offence punishable under Section 326 read with Section 34 IPC was upheld. Seven persons faced trial before the learned Additional Sessions Judge, Rohtak, out of which four accused were convicted and remaining three were acquitted. During the pendency of the appeal before the High Court, accused Ram Kumar expired on 17.4.1995 and, therefore, Criminal Appeal No.493-SB/94 was held to have abated so far as he is concerned.

3. Out of the seven persons who faced trial, Jaibir, Ram Kumar, Suresh and Raj Kumar were convicted while accused Jaibir, Rajmal and Surender were acquitted.

4. Prosecution case, in a nutshell, is as follows:

On 14.10.1991 (the date of occurrence), Ram Sarup and his two sons, namely, Nakul and Sehdav (injured in the present case) had boarded a three- wheeler/tempo of Dharambir from Meham for going to attend a peshi in the Court of S.D.M. On the way, some passengers including Sanjay (PW-11) boarded the said tempo from village Madina. At about 10 A.M. by which time the said tempo covered the distance of about 2/3 kolometres from village Madina, accused Suresh armed with an iron chain, Ram Kumar armed with a hockey stick, Jai Dev and Raj Kumar, both armed with gandasas, emerged on the road from one side and stood in front of the tempo. When the tempo was stopped by the driver, all the four persons started giving blows by their respective weapons to Ram Sarup, Sehdav and Nakul. On seeing the occurrence, the other passengers got down and ran away to the fields. After causing serious injuries to these three persons, the accused ran away from the spot along with their respective weapons. Thereafter, Dharambir, driver of the tempo with the help of Sanjay (PW-11), took the injured to Medical College and Hospital, Rohtak, in a Haryana Roadways bus. Sanjay got down at Madina and went to village Mokhra for giving information to the family members of the injured. Dharambir got the injured admitted in the Medical College and Hospital, Rohtak. The Medical Officer attended the injured and informed the police. A message was sent to the Police Station Meham. ASI Ishwar Singh came to Medical College and Hospital and recorded the statement (Ex. PN) of Dharambir on the basis of which the FIR (Ex. PN/2) was registered. On 14.11.1991, Dr. S.P. Chugh, Casualty Medical Officer, M.C.H., Rohtak (PW-9) conducted the medico-legal examination of injured Ram Sarup, Nakul and Sehdev and found the following injuries on their person:-

The injuries pertaining to Ram Sarup, injured:

1. An incised wound 10x4x2 cm. deep over front of the neck just above the thyrod cartilage. The trachea was cut and exposed. Advised E.N.T. Surgeons opinion.

2. An incised wound 16x2 cm X bone deep over right side of the scalp extending from right eyebrow to the parietal region up to the mid line. Advised Surgeons opinion.

3. Incised wound 6 cm x 1 cm bone deep over left side of the scalp extending from the left eyebrow over the scalp. Advised Surgeons opinion.

4. Incised wound 4x1x1 cm deep over the left side of the forehead 1 cm deep over the left side of the forehead 1 cm. of mild line.

5. Incised wound 4 x 1 x 1 cm. over the anterior aspect of left shoulder.

6. Crush injury 16 cm x 8 cm x bone deep over the right shoulder underlying bone muscles were exposed.

As per the witness, injuries No. 1 to 5 were caused by sharp caged weapon and injury No. 6 by blunt weapon.

The injuries pertaining to Nakul, injured:

1