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1980 Supreme(Del) 291

M.L.JAIN
DALEL SINGH – Appellant
Versus
JAG MOHAN SINGH – Respondent


JUDGEMENT

1. On Apr. 29, 1975, at about 10.30 or 11.00 P.M., Dalel Singh (P.W. 2) and Tale Ram (Kale Ram ?) (P.W. 6) were sitting on a cot eating their meal outside the house of Dalel Singh in village Matiala, P.S. Najafgarh. Pataso (P.W. 5), wife of his brother Hem Chander, was cooking the meal, Chandro (P.W. 8) his sister, was sitting near Pataso and his brother Balwan Singh (P.W. 1) was serving the meal. Then arrived the accused. Jagmohan held Dalel Singh, while Rajbir Singh stabbed him with a knife; when Tale Ram intervened, Jagmohan stabbed him. Upon hearing the cries of the injured, Balwan Singh, Pataso and Chandro rushed out of the house. Desa (P.W. 13) who was returning home also reached there. They saw the occurrence. Raj Singh (P.W. 7) took the injured to the Safdarjung Hospital, New Delhi, after midnight. Dr. I.S. Rao (P.W. 3) examined Tale Ram. Dr. P.K. Julka (P.W. 4) examined Dalel Singh. Tale Ram was found to have sustained the following in juries :-

(1) Incised wound 2.5 cm. x 1 cm., horizontal below inner end of left collar bone;

(2) Incised wound 2.5 cm. x 1 cm., middle of left side of chest with haematoma;

(3) Incised wound 2.5 cm. x 1 cm., on the posterior aspect of















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