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After the close of prosecution evidence, statement of the accused were recorded under Section 313 Cr.P.C. wherein they denied all the allegations of the prosecution and pleaded to be innocent.

In defence, Ashwani Kumar was examined who on oath stated that 25.2.2004 at about 6.15 P.M. he was near the gate of old grain market, Kapurthala. Jarnial Singh alias Chaudhary came from the side of Janta Truck Union on a scooter. Anil Kumar alias Mang and another stopped him. Jarnail Singh alias Chaudhary was slapped. Anil Kumar alias Mangi had caught hold of Jarnail Singh. Mohan Lal was present there. Mohan Lal exhorted by abusing that Jarnail Singh alias Chaudhary should not be spared. Kulwant Rai gave a gandasi blow on the head of Jarnail Singh. Nirmal Kumar gave a dang to Jarnail Singh while Gurnam Singh gave a gandasi blow to Jarnail Singh. Lalkara was raised then 40 to 50 persons came to the spot. Those persons had grappled with Kulwant Rai, Nirmal Kumar, Gurnam Singh and Mohan Lal and gave kick blows to Jarnail Singh lying on the spot. Jarnail Singh was shifted to Civil Hospital, Kapurthala by him, along with Bachittar Singh and Dalbir Singh.

After hearing Public Prosecutor for the State and defence counsel, the appellants-accused were convicted and sentenced as stated above, in the earlier part of the judgment.

Defence counsel for the appellants-accused argued that there is a delay in lodging the First Information Report. Occurrence was on 25.2.2006 at about 5.30 P.M. Gurnam Singh, Balwinder Singh, Nirmal Kumar and Kulwant Rai were shifted to Civil Hospital, Kapurthala. Kulwant Rai and Nirmal Kumar were shifted to Jalandhar. Injured were medico legally examined at about 7.10 and 7.30 P.M. Injured remained conscious. Injuries on the persons of Balwinder Singh and Gurnam Singh were found to be simple in nature. Some injuries on the person of complainant were found to be simple in nature. Only injury which was not on the vital part, was found to be grievous. Occurrence was witnessed by Kans Raj, Sonu and Anil Kumar eye witnesses, who had gone to hospital with the injured. Investigating Officer was also in the hospital at 12.30 P.M. during the night time on 25.2.2004, but report was lodged on 27.2.2004 at 5.20 P.M. No explanation why delay. Delay is fatal to the prosecution case. Presence of witnesses at the time of occurrence is unnatural. Kans Raj had gone to hospital at Kapurthala and Jalandhar. He was in Civil Hospital at Kapurthala on 26.2.2004 at 2.30 P.M. Investigating Officer was also present in hospital on 26.2.2004. Family members and other employees of Truck Union had also accompanied the injured to the hospital but no report. DW1- Ashwani Kumar was cross- examined. Suggestion was given to witness by the learned Public Prosecutor that there was a free fight. Gensis of the offence was suppressed by the prosecution. Injuries were also noted on the person of Jarnail Singh but the same were not explained. On receipt of first injury, Jarnail Singh fell down. After that, he was not in a position to give injury to any one. Failure to explain injuries on the person of Jarnail Singh shows that story is not natural one. In fact, Jarnail Singh was near old grain market, Kapurathala, when Nirmal Kumar, Gurnam Singh, Balwinder Singh, Mohan Lal and Kulwant Rai came. They had assaulted Jarnail Singh. Number of persons had collected on the spot. They had given injuries to Jarnial Singh. 40/50 persons had collected at the spot on hearing raula and those persons had grappled with Kulwant Rai, Nirmal Kumar, Gurnam Singh and Mohan Lal but trial Court did not appreciate the legal and factual position.

Next submission of the learned derfence counsel was that presence of the injured eye witness is doubtful. Injuries on the person of Jarnail Singh alias Chaudhary were not explained, but submission of learned defence counsel carries little weight. Jarnail Singh alias Chaudhary was examined at 7 P.M. on 25.2.2004. Two injuries were noted. One was declared grievous, but the injury was not on the vital part. As discussed earlier, Kulwant Rai, Nirmal Kumar (deceased), Gurnam Singh injured, Mohan Lal and Anil Kumar were present at the time of occurrence. But only two injuries were noted on the person of Jarnail Singh alias Chaudhary. Four injured were from the side of the complainant party and only one appellant-accused from the side of opposite side i.e. Jarnail Singh alias Chaudhary. Complainant party had no dispute with the villagers. In case, there was a raula, 40/50 persons had assembled on the spot, then why they had grappled with the complainant party. Injuries on the person of Kulwant Rai, Nirmal Kumar, Gurnam Singh and Balwinder Singh were not possible at the hands of Jarnail Singh alias Chaudhary. No case of the appellants-accused that villagers were from the party of Jarnail Singh alias Chaudhary and to save Jarnail Singh alias Chaudhary, Villagers had caused injuries to Kulwant Rai, Nirmal Kumar, Gurnam Singh, Balwinder Singh. DW1 Ashwani Kumar stated that Kulwant Rai was armed with a lathi, Nirmal Kumar was armed with dang, Gurnam Singh was armed with gandasi. Lalkara was raised by Mohan Lal and Anil Kumar and others had stopped Jarnail Singh alias Chaudhary near old grain market, but only two injuries were noted on the persons of Jarnial Singh. Prosecution was not required to explain injuries on the person of Jarnail Singh, when the occurrence was not as stated by Ashwani Kumar DW1. No independent witness came forward to state that when Jarnail Singh alias Chaudhary was stopped by the complainant party, then public had grappled with the complainant party. Injuries were caused to Nirmal Kumar, Kulwant Rai and Gurnam Singh. One injury was noted on the person of Balwinder Singh, but Ashwani Kumar specifically stated that Balwinder Singh was also present with Kulwant Rai and others. Balwinder Singh was not produced by the prosecution and if he did not suffer injury, as alleged by the prosecution, then he could be produced in defence. So, presence of injured eye witnesses was natural. If injuries on the person of Jarnail Singh alias Chaudhary were not explained then story is not to be ignored.

Next submission of the learned defence counsel was that there was a free fight as per suggestion to Ashwani Kumar DW1 by Public Prosecutor. Appellants-accused had no intention to murder so all the appellants were liable independently by their own acts.

We agree that suggestion was put to Ashwani Kumar DW-1 by Public Prosecutor that there was a free fight, but suggestion was given against the prosecution story. Sometime, without going through the file, suggestions are given by the defence counsel or by the Public Prosecutor. No suggestion to the injured eye witnesses that there was a free fight, so one line in cross examination of DW1 is not sufficient to opine that there was a free fight. Defence counsel further argued that occurrence was also witnessed by Balwinder Singh and Mangi alias Anil Kumar and they were not examined.Story is not genuine,but with the non- appearance of Balwinder Singh and Anil Kumar PWs, story of prosecution is not to be ignored. There were four injured. One of the injured namely,Nirmal Kumar had succumbed to his injuries while lying admitted in Vasal Hospital, Jalandhar. Out of remaining three injured, two appeared i.e.Kulwant Rai and Gurnam Singh. Kans Raj also appeared as PW7.When there are number of injured and eye witnesses, then all are not to be examined by the prosecution. Quality of evidence is to be seen, not quantity of evidence.In case, the Court is not to believe Kulwant Rai and Gurnam Singh injured, then prosecution story is not to be upheld in view of the statement of Balwinder Singh and Anil Kumar alias Mangi, particularly, when defence version of the appellants-accused was that they were innocent and not a word was stated by Jarnail Singh alias Chaudhary appellant-accused that he was near old grain market at 6.15 P.M. Complainant party came and he was stopped and slapped.On hearing raula, 40/50 persons came to the spot and they had grappled and had caused injuries. No suggestion to the witnesses that Jarnail Singh alias Chaudhary was near grain market at 6.15 P.M., then complainant party had stopped and slapped him. On hearing lalkara, 40/50 persons had collected at the spot and they had grappled and had caused injuries. That means defence version is an after thought.