The main legal point established in the judgment is the reliance on medical evidence, witness testimonies, and the explanation for the delay in lodging the FIR to prove the guilt of the accused beyond reasonable doubt.

A.N.JINDAL, J.

(1) THIS order shall dispose of Criminal Appeal No. 661-DB of 2002 and Criminal Revision No.23 of 2003, as common questions of law and fact are involved in both the cases. For reference, facts are taken from Criminal Appeal No. 661-DB of 2002.

(2) ON the wee hours of 01.05.1999, accused Hem Raj, Randhir Singh (both deceased), Jangli, Ram Singh, Joginder and Dharampal are alleged to have waylaid Maman (deceased) and Rajma and caused vital injuries to them, as a result of which, Maman died. Therefore, all the accused were tried. However, vide judgment dated 07/ 10.08.2002, all of them, except Ram Singly were convicted and sentenced as under Under Section 302/149 IPC Rigorous imprisonment for life and to pay a fine of Rs.l,000/-each. Under Section 326/149 IPC Rigorous imprisonment for five years and to pay a fine of Rs. 1,000/-each. Under Section 324/149 IPC Rigorous imprisonment for two years and to pay a fine of Rs.500/-each. Under Section 323/149 IPC Rigorous imprisonment for one year and to pay a fine of Rs.500/-each. Under Section 148 IPC Rigorous imprisonment for two years and to pay a fine of Rs.500/-each. Hem Raj and Randhir Singh-accused are reported to have died. Therefore, the appeal qua them stands abated.

(3) THE factual matrix of the case is that on 01.05.1999 at about 9.00 a.m., all the accused persons had dismantled the watercourse (Khal) of the complainant and his brothers, which resulted into exchange of abuses amongst them. However, the accused had threatened them for teaching a lesson some day. Lateron, on the same day, the complainant as well as his two brothers Maman and Rajma had collected in their field, situated at village Hathlana and they slept there at the tubewell of Rajma. On the next morning, i.e. on 02.05.1999 at 4.00 a.m. Maman and Rajma, after milching their cattle, started for going to their village Hathlana. At about 5.30 a.m., when they reached in the passage near the field of Ramesh, the accused Hem Raj armed with gandasi and his sons Randhir and Jangli armed with sword and gandasi respectively, came running from behind the tubewell room of Sher Singh and exhorted. On this, Rajma and Maman started running towards the fields of Ramesh, but they were waylaid by Ram Singh and his sons Dharam Pal and Joginder, who came from behind the heap of the fodder, armed with lathi, gandasi and sword respectively. In the mean time, on hearing the cries, the complainant also arrived at the spot. However, in his presence, accused-Hem Raj gave a gandasi blow, which hit on the right temple of Maman. Accused Randhir gave a sword blow, which hit on the backside of his (Maman's) head. Accused Jangli gave a gandasi blow, which hit on his forehead. Accused Dharampal gave a gandasi blow, which hit on the left arm of Maman. Accused Joginder gave a sword blow, which hit on the left arm of Maman. Accused Ram Singh gave a lathi (stick) blow to Rajma. On receipt of the injuries, Maman fell down on the ground. THEn, all the accused caused more injuries to Rajma with their respective weapons. Maman succumbed to the injuries at the spot. Krishan also reached the spot. On raising hue and cry by him and Krishan, the accused fled away. Krishan took Rajma to the hospital, whereas the complainant, after leaving Sunehra son of Chandu Ram near the dead body, went to the police station. However, Inspector Kalu Ram met him on the way and recorded his statement Ex.PF, on the basis of which, FIR Ex.PC was recorded at Police Station Nissing. THE Investigating Officer visited the spot and prepared the rough site plan of the place of occurrence. He also prepared the inquest, got the place of occurrence photographed, lifted the blood stained earth from beneath the dead body of Maman. Blood stained earth as well as lathi lying there were taken into possession vide recovery memo Ex.PM. He also lifted the blood stained earth from the place, where Rajma had fallen due to the injuries. He also recovered milk containers and