JUDGMENT Mahesh Grover, .J (Oral):-The appellants-Resham Singh and Bhola Singh sons of Sadhu Singh who were convicted for having committed offence under Section 304 read with Section 34 IPC pursuant to trial which they faced regarding a case registered vide FIR No. 130 dated 19-08-1996 in Police Station Zira. 2. Both of them were sentenced to undergo rigorous imprisonment for a period of 10 years under the provisions of Section 304 Part I and to pay a fine of Rs.2000/- and in default thereof to undergo RI for another period of 30 days. The judgment of Additional Sessions Judge dated 27-08-2001convicting and awarding sentence to the appellants is under appeal. 3. On 19-08-1996, FIR was lodged by the complainant-Iqbal Singh who is the brother of the deceased Sukhdev Singh with the allegations against the appellants that on 18-08-1996 at about 8 to 9 am, appellant Resham Singh came to his house and asked the deceased to accompany him on his tractor in connection with the engagement of his sister. Sukhdev Singh went away with him but did not return. The complainant went in search for him to the village of the appellants and when he reached near the fields of Sarup Singh he noticed his tractor parked near the bandh of village Boghewala in a running condition with the lights on and in that light he saw that the right arm of his brother Sukhdev Singh was twisted by the accused-appellants Resham Singh and Bhola Singh and both of them were beating his brother. He raised a lalkara in order to rescue his brother. One Gurdev Singh also reached there. Both accused persons ran away. 4. Sukhdev Singh who had become unconscious was brought on the tractor to the house. He was taken to Dr. Santa Singh of village Fatehgarh where he was given some first aid and was brought back to the house. In the morning at 6 am, the condition of the deceased deteriorated and while he was being taken to hospital, he breathed his last. 5. The police thereafter set the investigating process into motion and came to the conclusion that the offence against the appellants was established and accordingly a challan pursuant to the provisions of Section 173 Cr.P.C. was submitted to the Court which committed the case to the Court of Sessions for trial. 6. 5. The police thereafter set the investigating process into motion and came to the conclusion that the offence against the appellants was established and accordingly a challan pursuant to the provisions of Section 173 Cr.P.C. was submitted to the Court which committed the case to the Court of Sessions for trial. 6. The trial Court thereafter framed the charge against the appellant under the provisions of Section 304 Part-I read with Section 34IPC to which the appellants pleaded not guilty and claimed trial. The prosecution in order to establish the charge against the appellants examined number of witnesses which included the complainant and the doctor who conducted post-mortem examination upon the deceased. 7. In their statement recorded under Section 313 Cr.P.C. the appellants denied the prosecution case and pleaded false implication. Thereafter, no substantial evidence was led except for tendering a certified copy of a bail order Exhibit D1. The trial Court convicted the appellants as aforesaid and the findings have been assailed in the present appeal. 8. Miss.Monika Jalota who was appointed as amicus curaie vide orders of this Court dated 15-05-2007 contended that the conviction of the appellant under Section 304 Part I IPC could not be sustained for the reasons that there was no motive or intention to cause the death of deceased. 9. It was also contended that the appellants have been falsely implicated and the deceased could have sustained injuries in an incident on account of a fall as he was in drunk condition at that time. 10. On the other hand, learned counsel for the State contended that the injury sustained in the incident was serious which could have been caused only by a violent act attributed to the appellants. In view of this, it was sought to be contended that the conviction and sentence awarded by the trial Court is perfectly in order. 11. have heard the learned counsel for the parties and have perused the record. 12. Learned counsel for the appellants tried to lay a lot of emphasis on the testimony of the Dr. Nirrnal Dass, PW2, who has stated that “there is possibility of these injuries to be sustained during multiple falls on the ground” . 11. have heard the learned counsel for the parties and have perused the record. 12. Learned counsel for the appellants tried to lay a lot of emphasis on the testimony of the Dr. Nirrnal Dass, PW2, who has stated that “there is possibility of these injuries to be sustained during multiple falls on the ground” . The cause of death in the opinion of the doctor was the hamorrage and shock due to the laceration of liver as the result of blunt trauma which was sufficient to cause death in its ordinary course of nature and the probable time that elapsed between the injuries and the death was about a few hours. The injuries as detailed by the doctor are as follows :­ 1­ A reddish blue diffused swelling 12.5x9.0 cm in size was present around the right elbow joint extending upto the upper 1/3rd of the right forearm. On dissection the humero ulnar and the radio ulner joints were dislocated and displaced lacerating the surrounding tissues and blood vessels. Massive haemorrhages were present in the soft issues. 2­ A lacerated would 1x 0.5 cm present on the medial aspect of left foot. 2cms below the medial malloelus. Clotted blood was present. 3­ A reddish brown abrasion 2.5 x 0.5. cm present on the lateral aspect of dorsum of left foot 3 cms in front of the ankle joint. 4­ A reddish blue bruise 6x4 cm present on the front of upper part of left thigh. 4 cms below the iliac crest. 5­ A reddish blue bruise 14x3.25 cm present on the posterio lateral aspect of left side of back of lower abdomen obliquely placed, directed upward to medially, the lower end being 6 cm above the posterior superior iliac spine. 6­ A reddish blue bruise 7x 2.5 cm present vertically along the mid vertibral region extending from T-12 to T-9 vertebra. 7­ A reddish brown abrasion 1x0.5 cm present on the right inner mallelous. 8­ A reddish blue bruise 2x 0.5 cm present on the right side of forehead. 2cms above the mid point of right eye brow. 9­ A reddish blue bruise 8x5.5 cms in size present obliquely directed medially and upwards on the front and right side of abdomen in the right hypoconodrium 11.5 cm from the umbilicus and at 10’00 Clock position. 2cms above the mid point of right eye brow. 9­ A reddish blue bruise 8x5.5 cms in size present obliquely directed medially and upwards on the front and right side of abdomen in the right hypoconodrium 11.5 cm from the umbilicus and at 10’00 Clock position. “ A perusal of injury No.1 shows that the humero ulnar and the radio ulner joints or the right arm were dislocated and displaced which conformed to the ocular testimony of the complainant who had stated that in the light of running tractor he had seen Resham Singh-appellant twisting the right arm of the deceased Sukhdev Singh. This leads much credence to the version of the complainant and belies the passing opinion of the doctor,PW2. 13. That apart, there is no evidence on record which could have shattered the version of the complainant, that the deceased had gone in the company of the appellants in the morning on the fateful day. In view of the fact that the appellants were the persons in whose company, the deceased was last seen and which evidence has remained unimpeachable. The needle of suspicion conclusively points towards the appellants. There is nothing on record to suggest false implication of the appellants which was the defence plea taken up by the appellants. It was lastly submitted by the learned counsel for the appellants that traces of Alochol were found in the viscera of the deceased which has been established by the report of the Chemical Examiner and for that reason it was possible that the deceased might have sustained injuries in multiple falls and the learned counsel once again tried to build up the case around the testimony of the doctor. 14. I am afraid the argument is without any force as injury No.1 clearly conforms to the ocular version as already observed by this Court. The other injuries also suggest that the deceased was beaten up before his death. The injury to the liver was a result of blunt weapon which could have been caused by a violent attack on the abdomen of the deceased. From the above discussion, it is clear that the appellants had knowingly caused repeated injuries to the deceased knowing fully well that such an act is likely to cause such bodily injury which in all probability could result in death. From the above discussion, it is clear that the appellants had knowingly caused repeated injuries to the deceased knowing fully well that such an act is likely to cause such bodily injury which in all probability could result in death. For the aforesaid reason, there is no merit in this appeal which is accordingly dismissed. ———————————————————