JUDGMENT R.B.MISRA, J. - 1. APPELLANTS S/Sh. Ajay Verma, Navin Kumar, Abhinav Verma and Mukul Sharma in the year 209 were the medicos, residing in different blocks of the hostel at "Rajindera Parshad Medical College" Tanda, District Kangra. Deceased Aman Kachroo was a 1st year MBBS student. He lost his life allegedly on account of ragging. The appellants (hereinafter to be referred as the 'accused') were accordingly charge-sheeted and tried for his murder under Sections 302, 342, 506, read with section 34 of Indian Penal Code, and at the end of trial, they were held guilty thus convicted for the offences punishable under Section 304 Part-II, 342, 352 read with section 34 of IPC. Each of them were sentenced under the aforesaid Sections as follows: Conviction Sentence Amount of Sentence in default under Section substantive Fine imposed payment of fine imprisonment 304 Part II read Rigorous Rs.10,000/- with Section 34 imprisonment f imprisonment for IPC four years six months. 342 read with Rigorous NIL N.A. Section 34 IPC imprisonment for three months. 352 read with Rigorous NIL N.A. Section 34 IPC imprisonment for one month. 2. ALL the sentences aforesaid were ordered to run concurrently. The period already undergone by the accused persons in police/judicial custody was ordered to be set off. The fine amount, if realized, was also ordered to be paid to the parents of the victim-deceased Aman Kachroo as compensation. Feeling aggrieved, accused persons, namely Navin Kumar Verma filed Criminal Appeal No. 519 of 2010, U/s 374(2) of Cr.PC, Abhinav Verma Criminal Appeal No. 552 of 2010, U/s 374 of Cr.PC, Ajay Verma Criminal Appeal No. 553 of 2010 U/s 374 of Cr.PC, and Mukul Sharma filed Criminal Appeal No. 17 of 2011, U/s 374 (II) of Cr.PC. Whereas, the state filed Criminal Appeal No. 48 of 2011, U/s 377 of the Code of Criminal Procedure (in short the 'Code'), seeking enhancement of sentence and another Criminal Appeal No. 80 of 2011, U/s 378 of the Code of Criminal Procedure against the acquittal for the offence of murder punishable under section 302 IPC. 3. THE accused persons are stated to have undergone the sentence imposed. All the above mentioned Criminal appeals have arisen from common judgment of conviction and sentence and would require the discussion of same evidence, therefore, they were heard and decided together. 4. 3. THE accused persons are stated to have undergone the sentence imposed. All the above mentioned Criminal appeals have arisen from common judgment of conviction and sentence and would require the discussion of same evidence, therefore, they were heard and decided together. 4. FACTS, necessary for adjudication emerging from the evidence in short can be stated thus. As already stated above all the accused persons as well as the deceased, namely, Aman Satya Kachroo were the students of "Rajindra Prashad Medical College, Tanda". Accused, Abhinav Verma, was an intern student, the remaining three accused persons were 2nd year MBBS students of the said Medical College. (ii) It is alleged that during the intervening night of 6th and 7th March, 2009, all the four accused came drunk to the hostel block of 1st year Medical students at about 2 a.m. and had called all the first year medical students in a common-room. They were made to stand in a line and accused started beating them. The deceased was also slapped and beaten on the chest and his head was allegedly hit against the wall, he had also received perforation in his left ear. At one stage, the deceased was allowed to go to his room but subsequently he was called back. The accused had asked the deceased as to why he had gone back, upon this he replied that he was sent back by one of the accused because of perforation in his left ear, however, the accused did not spare him and got angry and had hit on the right side of his face. The ragging continued till 4.30 a.m. (iii) On the next day, i.e. on 7.3.2009, the victim attended his class but left in between to get his ear checked from the ENT Specialist. (iv) On 8.3.2009, Principal of the College Dr. Sankhian got the information about the ragging in boys hostel, as such, he asked the Hostel Warden and Manager to inquire into the matter. Since the Hostel Warden was away in connection with Medical Camp, so Hostel Manager PW-2 Deepak Verma conducted the inquiry at 4 p.m. on 8.3.2009. He collected the written statements of 13 students including the deceased and submitted his report accordingly to the Principal. Since the Hostel Warden was away in connection with Medical Camp, so Hostel Manager PW-2 Deepak Verma conducted the inquiry at 4 p.m. on 8.3.2009. He collected the written statements of 13 students including the deceased and submitted his report accordingly to the Principal. (v) At about 6 p.m. on the same day, the condition of victim Aman Kachroo deteriorated, therefore, he was shifted to the Emergency of the medical college and subsequently to the CCU, where, he was declared dead at 7.20 P.M. (vi) The Principal informed the police vide his written complaint and got the F.I.R. registered (vii) At the request of police, post mortem of the deceased was got conducted (viii) The statements of some of the students were recorded under Section 164 Cr.P.C. before learned Judicial Magistrate 1st Class, Kangra. (ix) The viscera of the deceased was sent to FSL Junga. The blood sample as well as heart sample of the deceased was sent to IGMC for examination. (x) The handwriting of the victim/deceased was taken into possession and was sent for examination obtaining the relevant reports and after conclusion of investigation, the challan was presented in the Court under Sections 302, 506, 323 read with Section 34 of Indian Penal Code (xi) The accused persons were accordingly charge-sheeted for the aforesaid offences to which each of them pleaded not guilty and claimed trial. (xii) To prove its case, prosecution examined as many as thirty eight prosecution witnesses, whereas, accused persons were also examined under Section 313 Cr.P.C. They denied the circumstances attendant upon them and pleaded innocence. (xiii) The accused persons were called upon to enter into to defend under Section 233 of the Code of Criminal Procedure, but they did not lead any evidence in defence. However, except accused Ajay Verma, all others had tendered, documents Mark 'A-1' to Mark 'A-3' in the statement under Section 313 Cr.P.C. After hearing the parties, the defence raised did not find favour with the learned trial court, as such, they were convicted and sentenced as aforesaid. Hence, the present appeals. For adjudicating the criminal appeals and before appreciating the submissions advanced on behalf of the convict/accused as well as the State, it is necessary to scrutinize the prosecution witnesses, thus we proceed to re-appraise the same. 5. PW-1 (Dr. Hence, the present appeals. For adjudicating the criminal appeals and before appreciating the submissions advanced on behalf of the convict/accused as well as the State, it is necessary to scrutinize the prosecution witnesses, thus we proceed to re-appraise the same. 5. PW-1 (Dr. Suresh Sankhian), posted as Principal of said Medical College at the relevant time, has stated that on 6.3.2009 at about 3.30 P.M. on Sunday, he received telephone from Health Minister that ragging of students had taken place in the boys Hostel. Accordingly, PW-1 made a telephone call to Hostel Manager, namely, Sh. Deepak Verma (PW-2) and asked him to contact Hostel Warden, namely, Dr. Pradeep Bansal (PW-3) to verify about the ragging. On that day, PW-3 had gone to conduct blood donation camp, as such, on the direction of PW-1, he went to enquire about the matter and the victim was taken to casualty. PW-1, accompanied by Dr. Rajesh, went to Casualty where PW-3 was already present and keeping in view the serious condition of the victim, he was shifted to ICU and was declared dead at 7.20 P.M. PW-2 submitted the written statement of thirteen students along with report of PW-3 and OPD slip of the victim. Accordingly, PW-1 telephonically informed S.H.O., Police Station, Kangra and Dy. S.P. Jambal who came to the office of PW-1 where complaint/information Ext.PW-1/A was handed over to him. In that respect, F.I.R. Ext.PW-25/A was lodged. 8. PW-1, while supporting the prosecution case in cross-examination, has also stated that he came to know about the ragging which had taken place in the intervening night of 6/7th March, 2009 and had also come to know that on 7.3.2009 the victim had gone to ENT Specialist (Dr. Harjeet Paul Singh PW-17) and has also acknowledged that statements of all the students were recorded by PW-2 AT 3.30 P.M. As per cross-examination, PW-1, when he had come to Casualty, he came to know that the victim was suffering from heart disease and the victim was shifted from Casualty to ICU. PW-1 had asked Dr. Rajesh to contact parents of the victim and to know about the disease that the victim was having. The relatives of victim had told that the victim was suffering from WPW-Syndrome heart problem, therefore, he could be treated on that line. PW-1 had given information to the Police accordingly stating that the victim had died due to some heart problem. Rajesh to contact parents of the victim and to know about the disease that the victim was having. The relatives of victim had told that the victim was suffering from WPW-Syndrome heart problem, therefore, he could be treated on that line. PW-1 had given information to the Police accordingly stating that the victim had died due to some heart problem. As stated by PW-1, the post-mortem of the victim was conducted on 9.3.2009 at 12:45 P.M. and as an expert PW-1 has stated that in case of sub-arachonoid hemorrhage, there are symptoms of excruciatange pain, unconsciousness and vomiting. As per version of PW-1, the investigation of the victim on the line of WPW could not be conducted because the victim could not survive, whereas, after knowing the above disease PW-1 shifted the victim from Casualty to ICU. PW-1 was unaware whether the enlargement of heart of the victim was sent to Pathology Department or not or sent to Medical College, Shimla. PW-1 has also stated, in his cross-examination, that in an unconscious state if there is a movement of head, the sub-arachnoid hemorrhage can occur. On being asked by the Court that why PW-1 has not mentioned in Ext.PW-1/A that victim had died due to some heart problem, PW-1 responded that he has mentioned only chest pain and due to inadvertence could not mention the heart problem. PW-2 (Deepak Verma) while discharging the work of Manager of all the Hostels of the Tanda Medical College on receiving telephonic information of PW-1 on 8.3.2009 at about 3.50 PM had gone to the Boys Hostel at about 4 P.M. and had gathered that ragging had taken place in the intervening night of 6/7th March, 2009 and had also collected written statements of as many as thirteen students present on Sunday including the written statement of victim and has also stated that the medical students had made allegations of ragging against the accused persons and for furnishing a photocopy of the medical slip the victim had gone out and came after some time and on his coming back the victim was talking to his friend and suddenly on 6 P.M. had fallen down. The victim was shifted to Emergency and thereafter to ICU where he expired at about 7 P.M. By that time, PW-3 had also come, to whom PW-2 has submitted his report Ext.PW-2/A along with written statements of the students Mark-'A-1' to Mark-'A-13' and OPD Slip Mark-'A-14'. PW-2 had very categorically stated that he was not told by any student that there was ragging on the intervening night of 6/7th March, 2009. According to PW-2, when the victim had given his statement in his own hand writing at that time he was normal. PW-2 remained with Police at the time of inquest report Mark-'A-15' on which PW-3 had put his signatures. PW-2 has also stated that he did not remember whether the victim had fallen or had laid down on the floor. PW-2, while reiterating his version of examination-in-chief, has stated that the victim was the first medical student who got recorded his written statement to him in a normal condition, PW-2 has also reiterated that after giving statement, the victim had gone outside the room and came back at about 6 P.M. i.e. after about 40-45 minutes, at that time Ashish Saklani (PW-4) was present in the room, who apprized PW-2 that the victim's heart beat had increased (as checked by PW-4 by his own hands). PW-2 had, however, not seen PW-4 putting his hands on the chest of the victim. The statement of PW-2 was recorded by Additional District Magistrate (ADM) as Ext.DX, where, PW-2 had stated that the victim had fallen down but was unable to state that the neck of the victim had jerk due to fall. As stated by PW-2, in cross-examination that the victim was taken by PW-4 and other students, present in the room and also in the presence of Bhuvan Verma (PW-13) and Chandervir Negi. According to PW-2, distance of room, where victim had fallen, is about 20 meters from the stairs, however, PW- 2 was not able to say anything that when the victim was picked up and was taken out by students, he was unconscious, self-stated, he was breathing fast. PW-2 was unable to indicate that the head of the victim had jerks. According to PW-2, distance of room, where victim had fallen, is about 20 meters from the stairs, however, PW- 2 was not able to say anything that when the victim was picked up and was taken out by students, he was unconscious, self-stated, he was breathing fast. PW-2 was unable to indicate that the head of the victim had jerks. In order to come out, one has to cross 20 25 stairs which are in two parts but width of stairs was approximately 3 1/2 feet or 4 feet and iron grills and wooden planks were on the other side of the stairs and when the victim was brought outside an attempt was made to make him sit on the motorcycle of PW-2, however, PW-2 has denied the suggestion that while victim was being made to sit on the motorcycle, he bent towards one side and his head had touched the ground and had also shown his ignorance that while the victim was being made to sit on the motorcycle, he had a jerk. PW-2 was also not able to say definitely anything that students were unsuccessful in making victim to sit on the motorcycle and consequently Akshay had brought the car. PW-2 was also not able to say definitely that victim was made to sit or lay down inside the car and whether victim was pushed outside or pulled from inside the vehicle and AT that time the head of the victim had struck against any part of the car, however, PW-2 has stated that it took five minutes to reach casualty. 7. PW-3 (Dr. Pradeep Bansal), working as Assistant Professor in Community Medicine Department in the said Medical College for the last six years at the relevant time, was also hostel Warden of Boys Hostel to whom Security Guard Karam Chand (PW-7) had made a complaint that for the last 2 3 days, some boys had been insisting to go inside the hostel and they had threatened to break open the lock and on asking whether PW-7 could identify those students, the later one had shown his ignorance and on asking by PW-3, whether, PW-7 has informed the Principal of the Medical College, PW-7 told that the Principal himself had asked him to apprize PW-3. When PW-3 had asked PW-7 as to why he had not informed him in the night, PW-7 apprized PW-3 that Security Guard on duty in the night was a new one and was not having his telephone number, however, as stated by PW-3, he had gone to Kotla in connection with a Medical Camp and had received information from PW-2 at about 3 4 PM that ragging had taken place in the intervening night of 6th/7th March, so PW-1 had directed him to inquire the matter, as such, PW-3 had asked PW-2 to go in the hostel and record the statements of the boys. PW-3 also received telephonic information that the victim was shifted to Emergency, as such, PW-3 directly reached at about 6 PM in the Emergency and heard that the victim was being shifted to ICU where he expired at about 7 PM. As stated by PW-3, PW-2 had given his report Ext.PW-2/A along with statements Mark A-1 to A-13 and OPD slip Mark A-14 to him. Accordingly, PW-3 had prepared his report Ext.PW-3/A and submitted all the documents to PW-1 and has acknowledged that the accused were involved in ragging and beating. 8. PW-3, while supporting the prosecution case, in cross- examination, has stated that he had also got his statement recorded before ADM and had denied that PW-2 had ever told him that the victim was having chest pain and his heart beats had increased, however, as per the version of PW-3, when he reached at about 6 PM on 8.3.2009 to the gate of hostel, he came to know that one boy had chest pain and had been shifted to Emergency. PW-3 had, however, accepted that on 7.3.2009, at about 7.30 PM, when four students of his Hostel had met him outside the Principal's office, none of them had told him about the incident of ragging despite his asking. Ashish Saklani (PW-4) has stated that in the intervening night of 6/7th March, 2009, while he was sleeping in Room No. 209 along with the victim and other medical students, i.e. Abhishek Saswat, Vinay Bhardwaj, Vipan Kumar and Bhuvan Verma, at about 2:00 AM in the night, their Classmate Duni Chand knocked at the door and told that seniors had called them in the common room. As such, 22 freshers / students assembled in the common room, where four seniors Ajay Verma, intern student, Abhinav Verma, Mukul Verma and Navin Kumar came in drunken state, and started abusing and torturing them, physically and mentally. All freshers were made to stand in one line. First of all, Ajay Verma (accused) slapped class representative Seemant Malhotra while Ajay Verma and Naveen Verma went to both ends of line and started slapping the medical students. Mukul and Abhinav were standing in between. PW-4 was given slaps by accused Ajay Verma, Naveen Verma and Abhinav Verma. Victim was standing on one end of the line. First slap to the victim was given by Naveen Verma, whereupon victim told him that he had got some problem in his left ear. Naveen Verma checked him and told that he had perforation in the ear, so, he was sent to his room, however, ragging continued for half an hour. Then Abhivan Verma asked Seemant to bring victim when victim came back then Abhinav Verma asked him where he was? Victim responded that he was sent back by Naveen Verma because he was having perforation in the ear. On that, Abhinav slapped him. On asking by Ajay Verma victim gave aforesaid reply. Ajay Verma got angry and asked Abhinav that victim was befooling him, then Ajay Verma said if perforation was on the left side, then he would hit on the right side and thereafter gave 5-6 slaps on the right side of the victim in addition to 2 3 fist blows on the chest of the victim. Thereafter, victim was caught hold of his collar and was hit against the wall, however, the ragging continued till 4:30 A.M. when Ajay Verma asked all the medical students that they should be in their rooms by the time he would count up to five. After some time, all the four accused came to the room of medical students, Ajay Verma asked for cigarette and when the same could not be offered because of non availability, then all the medical students were summoned in the room of PW-4 and were physically tortured. Next day, i.e. on 7.3.2009, victim went to attend the class, but he left the class in between as he had gone to ENT department for check up. During lunch time, victim told PW-4 that he was checked by (PW-17) Dr. Next day, i.e. on 7.3.2009, victim went to attend the class, but he left the class in between as he had gone to ENT department for check up. During lunch time, victim told PW-4 that he was checked by (PW-17) Dr. Harjeet Paul Singh and traumatic perforation of left ear was diagnosed. On 8.3.2009, at about 4:00 P.M., (PW-2) hostel Manager Deepak Verma came to the hostel and told that he had been sent by the Principal to conduct inquiry. All the medical students told him verbally about the occurrence which took place in the intervening night of 6/7th March, but he insisted to give in writing. Then 13 medical students gave him their written statements, including his statement, which is Ex PW-4/A. Written statement of victim is Ex PW-4/B. It has further been stated by PW-4 when victim gave his statement Ex PW-4/B, he was normal and while written statements of other medical students were being recorded, victim had gone out for getting photostat copy of his ENT OPD slip. When the victim came back, he told PW-4 that photostat shop was closed, then he went outside the room and started talking on Cell phone. After about 15 minutes, victim came inside the room and told PW-4 that he was feeling uneasy and laid down on the floor and asked PW-4 to check his heart beat as it was fast. Thereafter, PW-4 checked and found that heart beat of victim was high and he was breathing fast and his eyes were bulging out, then 5 6 boys lifted him and took him to the emergency in one vehicle. Thereafter, he was shifted to ICU, where he expired at about 7:00 P.M. PW-4 has stated that there was no ragging after the intervening night of 6th/7th March, 2009. Victim mostly used to talk in English. Some of the seniors used to get irritated due to this reason. As stated by PW-4 on 9.3.2009, he handed over two note books Ext.P-1 and P-2, of victim to the police which were taken into possession vide recovery memo Ext.PW-4/C, over which Vipan and Abhinav have put their signatures. On 9.3.2009, PW-4 was medically examined and MLC mark A-17 bears his signatures. PW-4 has, however, supported the prosecution case reiterating his version in cross examination and has stated that his statement was recorded by the police on 8.3.2009 and on 9.3.2009. On 9.3.2009, PW-4 was medically examined and MLC mark A-17 bears his signatures. PW-4 has, however, supported the prosecution case reiterating his version in cross examination and has stated that his statement was recorded by the police on 8.3.2009 and on 9.3.2009. As stated by PW-4 that in the same evening police had called 13 students including PW-4 and had interrogated them. PW-4 has further stated that "it is correct that in Ex PW-4/B, Aman Satya Kachru had not mentioned that he was hit on his chest by Ajay Verma and he was caught hold of his neck and his head was banged against the wall. It is correct that at that time Aman Satya Kachru did not become unconscious, neither did he vomit nor he suffered from severe headache. It is correct that I remained with the deceased from 4.30 a.m. on 7.3.2009 till 4.00 p.m. on 8.3.2009". PW-4 stated in his cross-examination that during the above mentioned period, neither he nor other students had noticed blood on his nose and ear nor his eyes were red. He further stated that till 4.00 p.m. on 8.3.2009, neither he nor any of his fellow students had made any complaint to anybody regarding the ragging. However, when his medical examination was conducted on 9.3.2009, he divulged to the doctor that he was ragged and beaten. PW-4 has further stated that "I do not remember whether I had disclosed to the police Aman Satya Kachru had heart problem. Again stated that Aman had told him that he was feeling some problem in his heart and I had disclosed this fact to the police. It is incorrect that I did not disclose this fact in Ex PW-4/D upon the asking of the police. Self stated that I might have forgotten". Aman was normal when he wrote his statement Ex PW-4/B. 9. PW-4 further stated that while recording Ex PW-4/B, victim had talked to his father on telephone for a long period and PW-4 had checked the heart beat of the victim upon his asking and found his heart to be fast. At that time other student had pointed out that eyes of victim were bulging out. Thereafter, victim started taking deep breath and he urinated in his pant and became unconscious. However, PW-4 had denied the suggestion that victim had fallen down and that the victim was suffering from Asthma. At that time other student had pointed out that eyes of victim were bulging out. Thereafter, victim started taking deep breath and he urinated in his pant and became unconscious. However, PW-4 had denied the suggestion that victim had fallen down and that the victim was suffering from Asthma. Seeing the condition of victim, medical students immediately thought to remove him to the casualty and some of the students ran to bring stretcher. 7-8 students together had lifted the victim. He did not remember which student had lifted the victim holding which part of his body. He denied the suggestion that victim had suffered heart attack, whereas victim was taken through stair case, which was approximately 1 1/2 to 2 meters wide. Stair case was having railing. PW-4 has also denied the suggestion of possibility of touching the body of victim against the railing while he was being taken through stair case as all the medical students had caught hold of his body with care. PW-4, however, accepted that students had taken victim through three doors and eight curves and that stairs were steep and width of stair case was 3 1/2 feet and curves were mid landing. He further accepted that victim was six feet one inch tall and was heavy weight, however, he did not remember that as to which student has caught hold of the head of victim. He was also unable to say that while taking victim, his head was shaking. As stated by PW-4, PW-2 had arranged one motorcycle to take away the victim to the casualty located at a distance of 70 to 80 meters from the stair cases. He acknowledged that after coming out of the stair case, all the students were exhausted. As stated by PW-4 endeavour was made to make victim sit on the motorcycle and PW-4 has also denied the suggestion that when efforts were made to make the victim sit on the motor cycle, his head was hit against the ground. He had also denied the suggestion that when victim was lifted and was put inside the car, he was dragged by one student to other side. He also stated in his cross examination that he and Vipin were holding head of the victim whereas Vipin had caught hold of his legs while victim was being taken in the car. He had also denied the suggestion that when victim was lifted and was put inside the car, he was dragged by one student to other side. He also stated in his cross examination that he and Vipin were holding head of the victim whereas Vipin had caught hold of his legs while victim was being taken in the car. According to PW-4, initially attempt was made to survive victim with the help of machine namely 'Defibrillator' and after some time second machine was arranged and thereafter external cardiac massage of the victim was done. He also acknowledged the presence of Dr. Rohit Dhar (PW-23) and his wife who were present at the time of post mortem of the victim. He also denied the suggestion that after postmortem on 9.3.2009, all his statements were recorded at the instance of police. He also denied the suggestion that their act to remove victim from hostel to casualty was rash and negligent. He further denied the suggestion that they had noticed any blood on the body or cloths of victim till they admitted him in the casualty. PW-4 acknowledged that Dr. Rajesh and Dr. Sankhyan had reached in the casualty. PW-4 denied the suggestion that uncle of the victim had visited the college and had addressed the medical students. He acknowledged that out of the medical students, one was having fracture in his arm and one was mentally depressed. PW-4 has also acknowledged that on the intervening night of 6/7th March, 2009, they were in night suits. 10. (PW-5) Joginder Singh, while posted as Security guard in the medical college w.e.f. January, 2009 to March, 2009 has stated that in the intervening night of 6th/7th March, 2009, when he was on duty in place of Security guard Ramesh, at about 2.o Clock in the night accused Ajay along with other accused came outside the gate of college. They knocked at the door from outside of gate and on asking they disclosed their identity and when they asked to go inside, PW-5 refused, thereupon they kicked the door and PW-5 got frightened and had opened the door. Accused went inside the hostel followed by PW-5, however, PW-5 observed that in a common room accused were talking with 1st year medical student. Accused went inside the hostel followed by PW-5, however, PW-5 observed that in a common room accused were talking with 1st year medical student. PW-5 further stated that when he was sitting in the verandah accused Ajay Verma came and told that they have come to discuss the Fresher party, as such, PW-5 to go down, thereafter, he went towards Room No. 209, where accused Mukul met him. He asked him to go away. In the morning at 8.00 a.m. when duty of PW-5 was over, the occurrence was told by PW-5 to Karam Chand i.e. to another Chowkidar. On 9.3.2009, he made complaint Ext.PW-5/A to the Principal of Medical college and statement of PW-5 was recorded which is Ex PW-5/B. In cross examination, PW-5 has stated that names of accused were not recorded in the complaint Ex PW-5/A as on 9.3.2009 he did not know the name of accused. He further stated that on 8.3.2009 at 5.30/6.00 p.m. when he was taking tea outside the canteen, at that time some students had lifted one another student. He, however, stated in his cross examination that when the boy was being lifted, his head struck against the ground. 11. (PW-6) Seemant Malhtora had also supported the prosecution case and had reiterated the version of PW-4 and stated that Nitesh and Avilash had not come to the common room. Nitesh had sustained arm fracture, whereas, Avilash was mentally depressed. He also stated that accused Ajay slapped the victim 2-3 times on right side of his face and after catching hold of his collar he was banged against the wall and 2/3 punches were administered on his chest and ragging continued till 4.30 a.m. In the morning of 7.3.2009, after ragging, all the medical students were sent to their respective rooms. PW-6 also went to his room No. 203. Again all the medical students were called in room No. 209 and were given physical torture for 2-3 minutes by all the four accused. He further stated that in his presence, victim had prepared a ragging chart in the classroom which is Ex PW6/A which was handed over to the police. His statement was recorded and he was medically examined. MLC of PW-6 is mark A-18. He further stated that in his presence, victim had prepared a ragging chart in the classroom which is Ex PW6/A which was handed over to the police. His statement was recorded and he was medically examined. MLC of PW-6 is mark A-18. statement of PW-6 was also recorded before the Magistrate at Kangra which is Ex PW6/C. On 8.3.2009, he came to know that victim had been removed to emergency, where he reached and met PW-4. PW-6 has also supported his version in cross-examination by saying that inquiry was conducted by ADM, Dharamshala and Ex D-3 is the copy of statement of PW-6 recorded in that inquiry where the fact of slapping by Ajay to the victim and banging the victim against the wall and giving of punches on the chest, has not been stated. PW-6 has also stated that when the accused persons had gone away, medical students had shared jokes with each other. On 7th March, 2009, medical students did not disclose the occurrence to the hostel warden or the Manager, whereas, all were having mobile phones. Only after the death of victim on 8.3.2009, when police had come, PW-6 was present. PW-6 has categorically stated in his cross-examination that on 8th March, 2009, he had taken breakfast with victim and at that time Asheesh Saklani and Bhuvan were also present at that time and he did not notice any blood on the nose, ear and clothes of victim. 12. WHEN (PW-7) Karam Chand, came on 7.3.2009 at 8.00 am on duty as Chowkidar in the hostel of medical college, he was apprised of by PW-5 that during night senior boys had come and forced him to open the door and in that respect, he submitted application Ex PW-7/A to the Chief Warden. (PW-8) Sushant Kumar, medical student, residing at the relevant time in room 208 of medical hostel had supported the prosecution case in the same way as PW-4 by stating that when he along with other medical students had assembled in common room on the asking of his class mate Yogesh Chander who asked PW-8 that the seniors were calling them in the common room. PW- 8 has further stated that four accused, present in the Court, were under drunken stage. All the medical students were made standing in L-shape line. PW- 8 has further stated that four accused, present in the Court, were under drunken stage. All the medical students were made standing in L-shape line. All the accused persons slapped the medical students and at that time students were made to keep their heads down and one of the accused had sent PW-6 to call the victim. When victim came, accused Ajay gave him two slaps and pushed him. All the medical students were made to sit in the posture of 'Murga' and ragging continued till 4.30 a.m. On 7.3.2009 all the medical students were sent to their respective rooms. 13. PW -21 Des Raj, Senior Assistant, Students Section, Dr. RPGMC, Tanda is a formal witness. 14. PW -22 (Dr. D.P. Swamy), Prof and Head Forensic Department, Medical College in cross examination has stated that he received information of second ragging on 8.3.2009 at 3.45 pm from Rohit Dhar, Indira Dhar, the relatives of victim and Deepak Verma, the hostel Manager. Self stated that such history was confirmed by fresh injuries on the body of deceased. He denied suggestion that when one person is physically lifted by another six persons and he is removed by keeping his head upward, then in that process, his head would jerk in backward direction. If the person is unconscious, his head can move in upward and downward directions in a slight manner. He has also denied the suggestion that if an unconscious person is removed hurriedly, his neck would experience jerk. PW-22 has also denied segmentation that if the body of unconscious person like victim is hurriedly removed through the stairs in downward directions and if there is no support to his head, then the head would experience jerk and it would touch the stairs and in that event, the body/head would receive only mild jerk. He also stated that if the body of victim was stalled on the rear seat of car, then possibility of his head being struck against the part of the car, cannot be ruled out. He clarified that in the present case, it had not happened so because in that even, there would have been external injuries on the head. He further stated that head portion of victim could have received jerks in case the car was driven towards emergency at right speed more than 60 KM per hours. He clarified that in the present case, it had not happened so because in that even, there would have been external injuries on the head. He further stated that head portion of victim could have received jerks in case the car was driven towards emergency at right speed more than 60 KM per hours. The haemorrhage which was noticed by PW-22 was on both side of surface of the brain. He also stated that if the head is struck against the wall then essentially there would be injury, however, PW-22 did not find any external injury on the head of the victim. He stated that the hemorrhage mentioned at serial No.3 of ante mortem injury was apparent and could have been noticed by any other person. Blood on the nose was not visible. Injury No.2 of ante mortem injury mentioned in Ext PW-22/C was also visible and at that time it was fresh. As observed by him, duration of injuries No.1 to 6 of ante mortem injuries mentioned in Ext.PW-22/C were within 24 hours. According to him, these injuries might be within two hours and injuries No.1 to 6, mentioned under the head of scalp, skull and vertebrae, membranes and brain in Ext PW-22/C might be within 24 hours. He further stated that videography of post mortem was carried out through police. He had seen the VCD and scalp of the deceased. VCD was played on the laptop. After seeing the VCD he observed that he was shown measuring the scalp but those injuries were not injury No. 1 to 4 shown under the Head of Scalp etc. (Ext PW-22/C). The injuries shown in the VCD being measured by him were hypostasis region and such type of hypostasis changes were seen through the body only the dependent part according to posture of the body. According to PW-22, VCD shown to him was not complete, but edited version. As such, Ext PW-11/E is the DVC and not VCD though it pertained to post mortem of victim. According to PW-22, in the VCD Ext D 24, he had been seen conducting post mortem and saying "Giddiness Raha Hoga" and "Headache Raha Hoga". According to PW-22, VCD shown to him was not complete, but edited version. As such, Ext PW-11/E is the DVC and not VCD though it pertained to post mortem of victim. According to PW-22, in the VCD Ext D 24, he had been seen conducting post mortem and saying "Giddiness Raha Hoga" and "Headache Raha Hoga". But he had no idea whether in fact deceased had suffered heart attack or giddiness, as haemorrhage suffered by the deceased could have been possible if he was struck about 56 hours ago., According to him, it could be possible that patient would remain normal for 36 hours to 46 hours after receiving such injuries. He also stated that it was not compulsory that in each case, deceased would suffer headache or giddiness before death. The inquest report Ext PW-20/A did not disclose any injury. At the same time, it did not reveal that clothes of the deceased were blood stained. According to PW-22, lipid profile and thyroid tests were conducted to rule out carnary artery disease and hyper thyroidism. He admitted that the existence of said disease can lead to sudden death but denied the suggestion that he was knowing that deceased was suffering from WPW syndrome, however, clarified that he was told by Principal that victim was suffering from heart disease. According to PW-22, body of the deceased was opened by a qualified doctor with knife, small cutter and hammer was also used only to cut the bones. He stated that sub-archanoid hemorrhage could be by so many other reasons and not only by giving slaps and fists. He denied the suggestion that he had manipulated the opinion under the influence, but stated that history of ragging on 8.3.2009 was given to him by attendant Rohit Dhar and not by the police and denied the suggestion that he had mentioned about ragging dated 8.3.2009 at 3:45 pm by mistake. He very categorically mentioned that in the present case, the brain haemorrhage sustained by patient had led to the cardiac death. He further stated that injuries, mentioned in Ext PW-22/C, could be caused by fist and palm blows and not by striking against the hard surface. He specifically made mention that the subject anatomy is taught in the first year of MBBS course. Brain is the most vital part of human body. He further stated that injuries, mentioned in Ext PW-22/C, could be caused by fist and palm blows and not by striking against the hard surface. He specifically made mention that the subject anatomy is taught in the first year of MBBS course. Brain is the most vital part of human body. According to him the enlargement of heart was because of height and built of the person and stated that video shown did not reveal all the six injuries which he had mentioned in Ext PW-22/C. PW-23 Dr. Rohit Sharma, at the relevant time posted as Casualty Medical Officer, had examined Vipin Kumar, a student of first year and other students and has categorically stated that all the students examined by him, had told him that they were administered slaps on the previous night. PW-24 Avinash Chander, Judicial Magistrate, 1st Class, Karsog, District Mandi at the relevant time, had recorded the statement of witnesses, i.e. PW-4, PW-5, PW-6, PW-8, PW-12 and PW-13, under Section 164 of Cr.PC, on an application Ext PW-24/A filed by the police. PW-25, ASI Des Raj, PW-26 HHC Narautam Singh, have endeavoured to support the prosecution case in their official capacity. 15. PW -27 Dr. J.B. Singh, while working as Medical Officer in the said medical college and posted as Registrar in the department of Medicine, has acknowledged the admission of the victim in the hospital and noticing the unconscious condition of the victim when he was being given artificial respiration and his pulse and blood pressure were not recordable. Heart sound was not audible. Eyes were congested. Pupils were dilated and fixed. Victim was given D.C. Cardioversion with 200 Joules. Injection adrenaline half impule was given. Even on re-examination, the victim was found in the same condition and was declared dead on 8.3.2009. He has further stated that the injury, mentioned in post mortem report (PMR) could be caused by slapping if it is given by severe force. Sub-arachnoid hemorrhage can cause cardiac death. Apart from headache, vomiting and giddiness, there were other symptoms of sub arachnoid hemorrhage like convulsions or coma. Patient can have sub arachnoid hemorrhage without symptoms. He stated that Sub arachnoid hemorrhage cannot be caused by artificial respiration, whereas it could happen due to cardiac massage, if there is some anamotical abnormalities of blood vessels, however, in this case, no such abnormality was found in the post mortem report (PMR). Patient can have sub arachnoid hemorrhage without symptoms. He stated that Sub arachnoid hemorrhage cannot be caused by artificial respiration, whereas it could happen due to cardiac massage, if there is some anamotical abnormalities of blood vessels, however, in this case, no such abnormality was found in the post mortem report (PMR). As per record, there was no history of Asthma when PW-27 checked the victim and there was no external injury on his body. 16. PW-27, in his cross-examination, stated that if slaps are given with severe force, it would cause some injuries on the face of the person. He admitted that in case of mouth to mouth respiration, the neck is extended in the backward direction as much as possible and in that case, parietal region would touch the surface. He admitted that if unconscious person is lifted with bare hands without head being supported properly, there will be hyper extension of neck. Enlargement of head itself is a disease and normal heart would not get enlarged in a day. Self stated that in this case, this was not the cause of death. According to him, fast heart beat leading to fast pulse rate is known as tachycardia and that WPW is a very rare conduction disorder. It can cause cardio death. Self stated that it happens in a rare case. According to PW-27, it is not necessary that in case of WPW syndrome representing symptoms is sudden appearance of techycardo and collapse. According to him, neurogenic shock is reversible, it includes fainting attack and the presenting symptoms is breadycardio, i.e. slow pulse rate. He stated that the victim was brought to the hospital with the history of fast heart beat, chest pain and sudden collapse and brain is a sensitive organ and it cannot withstand without oxygen even for few minutes. He admitted that unconscious person's head is lower down to increase the blood supply to the brain. According to PW-27, if unconscious person is made to sit on motorcycle, it would immediately lead to deterioration of his condition due to stoppage of blood supply to brain. He also stated that one of the treatment of WPW syndrome is D.C. Shock. PW-28 Dr. Seema Gupta, PW-29 Dr. K.K. Sharma, PW-30 Constable Pawan Kumar and PW-31 HHC Piar Chand are other formal witnesses. 17. PW-32, Dr. He also stated that one of the treatment of WPW syndrome is D.C. Shock. PW-28 Dr. Seema Gupta, PW-29 Dr. K.K. Sharma, PW-30 Constable Pawan Kumar and PW-31 HHC Piar Chand are other formal witnesses. 17. PW-32, Dr. Vijay Kaushal, Head of Pathology, IGMC, Shimla had examined sample of heart of the victim and opined that he did not notice any abnormality in the sample of heart as it was absolutely normal and was not an enlarged heart, however, he could not say about any symptom of heart attack because he had examined dead heart. In cross-examination, he stated that he did not notice sub-endocardial hemorrhage. According to him, Board was not provided with the history of WPW syndrome by the referring doctor nor it was mentioned in the inquest report and also that they had no history of disease suffering from WPW syndrome. However, volunteered that had there been any such history, it would have been possible for them to examine the same as they had examined a dead heart. 18. PW-33 ASI Avtar Singh, associated with the investigation is a formal witnesses. PW-34 LHC Rakesh Kumar, conducted the vediography of post mortem and prepared the DVD which was presented to ASI vide recovery memo Ext PW- 11/C. According to PW-34, he did not record the entire post mortem in continuity. PW-35 MHC Kuldip Singh is a formal witness. PW-36 SI Tilak Raj, recorded the statement of witnesses as per their version and after completing inquest papers and procuring post mortem report (PMR), submitted the same to MHC on 9.3.2009. According to PW-36, Principal had written that cause of death is heart problem. In cross-examination, he stated that in the rapat which he had lodged in Police Station, the cause of death had been stated to be as heart problem. He further stated that he did not know whether doctors had tried to contact the family members or relatives of the deceased. Doctors had contacted Rohit Dhar (Phuphar / uncle) of deceased. It has come in the investigation of PW-36 that Rohit Dhar had told the doctor that victim-deceased was suffering with WPW ailment. It had come in the investigation by PW-36 that victim was normal till 4.00 p.m. on 8.3.2009 and after giving his statement victim went away. Doctors had contacted Rohit Dhar (Phuphar / uncle) of deceased. It has come in the investigation of PW-36 that Rohit Dhar had told the doctor that victim-deceased was suffering with WPW ailment. It had come in the investigation by PW-36 that victim was normal till 4.00 p.m. on 8.3.2009 and after giving his statement victim went away. PW-37 Inspector Partap Singh, who took over the investigation on 10.3.2009, had recorded the statements of witnesses and has made other formalities. PW-37 had moved application Ext PW- 37/F-1 to Ext PW37/F-4, application Ext PW8/B and application Ext PW-8/A for medical examination of injured. He further stated that during his investigation, ragging dated 8.3.2009 at 3.45 pm was not noticed. In cross examination, he stated that he did not contact the family members of the victim. Father of the victim was never contacted by PW-37. He also did not take into possession any record pertaining to any prior illness of victim. PW-37 has also denied the suggestion that on 9.3.2009 he had asked Dr. D.P. Swamy (PW-22) vide a written letter about the ragging on 8.3.2009. PW-38, Rajinder Kachroo, the father of victim, has stated that during childhood, victim was suffering from allergic Asthma and when he attained 16/17 years his said disease was largely cured. He was good player of football. Further, he used to play daily for 3-4 hours. Victim had no heart ailment and was not having any other ailment. Once victim came to him, his head was shaved and on being asked he told that there used to be ragging in the college. Victim was having command over English and French and could not speak Hindi very well. He has further stated that victim had told him that he was asked to pronounce difficult words of Hindi and when he could not do so, then he used to beaten up. Further, victim was asked to translate Hindi words on the command of his seniors. He also further stated that in the first week of March, 2009 he was in East Africa. On 8.3.2009 victim had a telephonically conversation with him at about 4.30/5.00 p.m of Indian standard time and informed him that in the intervening night of 6th and 7th March, 2009. Dr. Verma and three/four seniors came to the hostel and told the boys to line up. On 8.3.2009 victim had a telephonically conversation with him at about 4.30/5.00 p.m of Indian standard time and informed him that in the intervening night of 6th and 7th March, 2009. Dr. Verma and three/four seniors came to the hostel and told the boys to line up. He also apprised him that slaps were being administered to him daily. He also told that Dr. Verma had beaten him severely and he had gone to ENT doctor because he was having some problem in the ear. He also stated that victim told him that at that time he was administered more slaps which resulted into problem in his ear, however, told him that the ragging had stopped but in the intervening night of 6/7 it erupted suddenly. He also told his father that one of his friends had gone home who had revealed about the occurrence to his father and his father had informed the Minister, who might have informed the college authority upon which all the students were told to give report in writing. He further stated that victim told him that he had given the report in writing and all other students who were present had also given their respective reports in writing. The victim asked from his father whether the reports are to be given in any format. He suggested him to give the report in writing in simple words stating true facts. PW-38 had come to know the death of the victim after about 23 hours. 19. IN cross examination, PW-38 aforesaid stated that after the incident in question, he remained in constant touch with Kangra Police, contacted ADM, Kangra through E-mail and also contacted Superintendent of Police, Kangra through E-mail for first time on 15th or 16th March, 2009. He further stated that Indira Dhar is my sister and Rohit Dhar is his brother in law. To his belief, S.P. Kangra must be in touch with said two persons. However, he had come to know on 8th March, 2009 when his victim son had telephoned him that Dr. Verma had administered slaps. He also stated that he and his wife had come with the victim, when he was admitted in Tanda Medical College. PW-38 had categorically denied the suggestion that victim was suffering from heart ailment that was the reason columns No. 6 to 8 in Ext.DW-22, were kept vacant. Verma had administered slaps. He also stated that he and his wife had come with the victim, when he was admitted in Tanda Medical College. PW-38 had categorically denied the suggestion that victim was suffering from heart ailment that was the reason columns No. 6 to 8 in Ext.DW-22, were kept vacant. According to him, he was not in possession of any medical proof that victim's allergic problem was cured. However, self stated that problem of victim was not so severe that it needed any medical attention. As already stated above on the strength of the above evidence, the accused were convicted and sentenced as stated supra as such, the present appeals by them. 20. FOLLOWING main submissions have been made on behalf of the defence: (a) The cause of death of victim/deceased was not sub archnoid hemorrhage (SAH) due to head injury as alleged by the prosecution as the victim has died because of heart ailment, i.e. WPW syndrome which fact was suppressed by the police. (b) otherwise also, the prosecution failed to connect the death and even other injury so detailed in the Post mortem report (PMR) with the act of accused/appellants, on the intervening night of 6/7th March,2009. (c) The post mortem report Ext.22/C cannot be relied upon, more so, for ascertaining the cause of death of victim, highlighting that the injuries found on the person of victim/ deceased could be caused exclusively by slaps and fists in view of the evidences on record. (d) The second ragging, allegedly took place on 8.3.2009 at 3.45 p.m., which was not addressed by the investigation, otherwise different aspects could have come to the fore in favour of defence. (e) Narration of facts of intervening night of 6/7 March, 2009 between 2.00 a.m. to 4.30 a.m. and then prevailing circumstances would reveal that interaction of accused /appellants with medical students were in congenial atmosphere in a routine manner and could not be taken with ulterior motive. (f) In the facts and circumstances, investigation by the prosecution was not fair and vital documents and materials pertaining to the incident were deliberately suppressed by the prosecution. (g) The Initial version given by the witnesses have deliberately been withheld and there was deliberate delay in recoding the statements of witnesses and unusual videography has been made purposely to implicate the accused /appellants. (g) The Initial version given by the witnesses have deliberately been withheld and there was deliberate delay in recoding the statements of witnesses and unusual videography has been made purposely to implicate the accused /appellants. (h) Since the deceased was suffering from WPW syndrome and for that required the treatment of DC Shocks and Defibrillator necessary for that, was not provided and adequate medical facilities were not extended promptly, as such, because of deficiency in medical assistance, death might have occurred AND (i) An unusual atmosphere was created during investigation, therefore, due to pressure of media, investigation went in a wrong direction. It has also been argued by the defence that had it been the case of person suffering and dying of 'SAH' then in that eventuality, a person could come across 'Thunder Clap Headache', vomiting, unconsciousness and giddiness according to PW-1 Dr. Suresh Sankhyan and PW-19 Dr. B.S. Rana, whereas, victim had no such symptoms of 'SAH' nor any injury was noticed by any one till the time he gave statement in normal condition about the incident in writing to the Hostel Manager on 8.3.2009, i.e. 38 hours after the alleged incident of intervening night of 6/7/3/2009.PW-1 Dr. Sankhian was the principal of the college and was also state Medical Legal Expert. PW-2, PW-4 and PW-6 have also not noticed blood on the nose and ear of the victim. According to the defence, even PW-17 (Dr. Harjeet Pal Singh), ENT Specialist, who examined victim on 7.3.209 at 11 am i.e., 7 hours after the alleged incident of 6th and 7th March, 2009, also did not notice any external injury on the ear or face of the victim nor the bleeding from the nose, as the victim had also not made any complaint to PW-17 in that regard. According to defence version, PW-17 reaffirmed the aforesaid aspects on 27.8.2010 when he was recalled on an application under Section 311 of the Cr.P.C. As per post mortem report (PMR), apart from the injury noticed and treated by PW-17, there were other injuries found on the person of the deceased. One of the injuries finds mention as injury No.3 under the Head A/M changes, i.e. Sub Conjuctival Hemorrhage in both these, reddish Ante mortem. PW-22 (Dr. One of the injuries finds mention as injury No.3 under the Head A/M changes, i.e. Sub Conjuctival Hemorrhage in both these, reddish Ante mortem. PW-22 (Dr. D.P. Swamy), the autopsy surgeon had admitted that injury No.3 of the ante mortem injuries is so conspicuous that it will be noted by anyone who comes in contact with him. According to defence, injuries found in the post mortem have no co-relation with the alleged incident of 6/7th March, 2009. The opinion indicated in PMR that death of victim was Neurogenic Shock was a misconception because neurogenic shock could not have led to the death in the present case as the victim was not having symptoms of neurogenic shock as PW-27 ( Dr. J.B. Singh) categorically admitted that it is reversible and the presenting symptoms of neurogenic shock is Bradycardia, i.e. slow pulse rate, whereas admittedly, victim, as per version of PW-2 Deepak Verma, PW-4 Aashish Saklani and PW-8 Shushant was witnessing fast heart rate leading to fast pulse rate (Tachycardia). According to defence, Sub Andocardial Hemorrhage (are bleeding areas underneath the inner lining of chambers of heart) and absence of Sub Andocardial Hemorrhage rules out the death of victim due to neurogenic shock as is mentioned in Text Book of Forensic Medicine and Toxicology by Dr. K.S. Narayan Reddy and Text Book of Pathology by Harsh Mohan. Both the books have been admitted as standard text books by PW-22 Dr. D.P. Swamy and PW-32 Dr. Vijay Kaushal respectively. (a) Reliance is also placed on the Text book of Pathology by Dr. Harsh Mohan, 4th Edition (page 96), it reads as under:- "Heart is more vulnerable to the effects of Hypoxia than any other organ. Heart is affected in Cardiogenic as well as in other forms of Shock. There are 2 types of Morphologic changes in heart in all types of Shocks. (i) Haemorrhage and Necrosis-There may be small or large ischemic areas or infarcts, particularly located in the Sub-epicardial and Sub-endocardial region. (ii) Zonal Lesions-there are opaque transverse contraction bands in myocytes near the intercalated disc. b) And also on Essentials of Forensic Medicine and Toxicology by K.S.Satyanarayan Reddy, 20th Edition (Page 93) read as below:- "The haemorrhages are seen in the left ventricle, on the left side of the inter ventricular septum and on the opposing papillary muscles and adjacent columnae carnae. b) And also on Essentials of Forensic Medicine and Toxicology by K.S.Satyanarayan Reddy, 20th Edition (Page 93) read as below:- "The haemorrhages are seen in the left ventricle, on the left side of the inter ventricular septum and on the opposing papillary muscles and adjacent columnae carnae. The haemorrhages are flame shaped, confluent and tend to occur in one continuous sheet rather than patches. When the bleeding is severe it may raise the Endocardium in to a flat blister. They are seen (1) after sudden severe hypotension due to severe loss of blood or from Shock. (2) After intracranial damage such as Head injury, cerebral Oedema, surgical craniotomy or tumors, (3) Death from Ectopic pregnancy, ruptured uterus, Ante Partum or Post partum hemorrhage, Abortion (4) Various types of poisoning especially Arsenic." c) Further on Forensic Pathology by Bernard Knight 3rd edition, (page 348) it reads as below:- "A striking feature of many forensic autopsies, especially on victims of severe trauma is the presence of well marked haemorrhages under the endocardium of the left ventricle. This is often so striking as to provide an indication of some catastrophic event even shortly before death. Though the haemorrhages have bene described since the last century, they were specially studied in the 1930, by Sheehan in cases of abortion and acute haemorrhage associated with pregnancy, they were formally known as "Sheehan's haemorrhages". The lesions are seen in the left ventricle, on the interventricular septum, and on the opposing papillary muscles and adjacent columnae carnae of the free wall of the ventricle. The haemorrhages are flame shaped and confluent, not petechial, and tend to occur in one continuous sheet rather than patches. The bleeding is in a thin sub endocardial layer, but when severe may actually raise the endocardium in to a flat blister that can be palpable on the smooth septum. The mechanism of production is obscure but they are commonly seen in the following circumstances: -After sudden, profound hypotension, either from severe blood loss or from 'shock' in the widest sense. -After intra cranial damage, from head injuries, cerebral oedema, surgical craniotomy or large intra cranial tumors. Sudden intra cranial decompression also seems to be associated with sub endo cardial bleeding." 21. -After intra cranial damage, from head injuries, cerebral oedema, surgical craniotomy or large intra cranial tumors. Sudden intra cranial decompression also seems to be associated with sub endo cardial bleeding." 21. (a) With reference to the above, it has been argued on behalf of defence that if any Person dies of shock due to any cause and head injury, there should have Sub Endocardial Hemorrhages, as admitted by PW-32, who carried out Histopathology of the heart of the deceased but no such things were explored (b) Further that 'SAH' can be caused by various acts as follows: Rupture of Berry Aneurysm which is an abnormal dilatation of blood vessel at the base of brain and the commonest cause is; (i) Hyperextension of neck. (ii) Resuscitation artifact. (iii) Post mortem artifact. (iv) Mouth to mouth respiration (v) External cardiac massage. (vi) Trauma to head. (c) Symptoms: As per undisputed views of the medical experts are that 'SAH' accompanied with excruciating intolerable headache (Thunder Clap Headache) vomiting, nausea, giddiness and unconsciousness. (d) SAH Diagnosis could be by CT scan or MRI during life time and is confirmed on post mortem by washing the brain surface under running stream of water. (e) Treatment: This is treatable condition and more than 40% of the patients Survive. A person with mild 'SAH' does not require any treatment at all. 22. ACCORDING to the learned defence counsel, it is an admitted case of the prosecution that the incident had occurred on the intervening night of 6th and 7th March, 2009 and the deceased died, 38 to 40 hours after the alleged incident, thus could not be connected with the alleged incident. Further the prosecution, to connect the accused/appellants with the said injuries, had examined PW-22, Dr. D.P. Swamy but his evidence on record is fatal to the case of the prosecution as he admits that the injuries found on the person of the deceased were fresh in nature and caused within 2 to 24 hours. Further PW-22 Dr. D.P. Swamy and PW-27 Dr. J.B. Singh had opined that slaps can lead to 'SAH' if given with moderate to severe force. As per opinion of PW-27 marks of injury would be visible even after 24 hours if slaps have been given with severe force, whereas, PW-23 Dr. Further PW-22 Dr. D.P. Swamy and PW-27 Dr. J.B. Singh had opined that slaps can lead to 'SAH' if given with moderate to severe force. As per opinion of PW-27 marks of injury would be visible even after 24 hours if slaps have been given with severe force, whereas, PW-23 Dr. Rohit Sharma, categorically stated that if minimum force is used at the time of giving slaps, there will not be any external injury, but after medical examination of all the students, none of them had any impression of slaps on the face. Though PW-22 had opined vide opinion Ext PW22/E that injuries are possible by slaps with moderate to severe in force but at the same time PW-22 stated on oath before the inquiry being conducted by ADM that these injuries are possible only due to infliction of blows through fist and palms, with moderate to severe in force on both sides of middle of head. According to defence, however, none of the witness has stated about giving palm or fist blows on the head of the deceased what to say of victim saying in his statement Ext PW-4/B. Moreover, the slaps on face, whether mild or severe, if any, cannot lead to injuries on the parietal region leading to 'SAH' as is being claimed by the prosecution. 23. FURTHER the counsel for accused also argued that most of the witnesses had not stated anything beyond slaps and PW-17 did not notice any slap marks or injuries on the deceased on 7.3.2009, except perforation in the left ear and that too in the healing phase of about 2/3 weeks. He also stated before ADM and MCI and before the committee, constituted by the Principal, saying that there was no injury on the person of the victim except suspected ear perforation. 24. ALSO that the prosecution has miserably failed to show that the alleged slapping could lead to the injuries as noticed in the autopsy report. A reference has also been made to the statements of PW-2, PW-4, PW-8 and PW-10 that victim became unconscious only after coming to room No. 209 at about 6 p.m. PW-4 stated that on checking the heart beat of victim, upon his asking, he found his heart to be fast and he was taking deep breathing. A reference has also been made to the statements of PW-2, PW-4, PW-8 and PW-10 that victim became unconscious only after coming to room No. 209 at about 6 p.m. PW-4 stated that on checking the heart beat of victim, upon his asking, he found his heart to be fast and he was taking deep breathing. As per statements of PW-8 and PW-10, victim became unconscious and as per PW-8, victim had no control over his body and during unconscious state, thus, victim was hurriedly removed from room No.209 to outside by five persons through a long corridor, taken down from stairs having about 25 steps, which had mid-landing also, as he was to be removed through about 50 meters, 3 double doors after taking 8 right angle turns before he could be brought outside, moreso, none of the witnesses could answer as to who was supporting the head of the victim in the course of shifting the victim. Therefore, it emerges from the deposition of said witnesses that six students acted with utmost carelessness, whereas, head of the victim was consistently shaking and suffering jerks during such journey. As revealed by PW-4 and PW-8 when they came out of the stairs they all were exhausted. Further in reference to the statement PW-1, it is argued that if there is a movement of head, the Sub Arachnoid Hemorrhage (SAH) could occur whereas, according to PW-8, PW-4 had also administered mouth to mouth respiration to the victim noticing the condition of the victim becoming critical. Though PW-19 had denied the effect of mouth to mouth respiration but he stated that external cardiac massage may cause 'SAH'. It is also argued that PW-22 stated that if the dead body is opened by a hammer, in that event it could cause postmortem artifact. PW-13 (Bhuvan Verma) stated while victim was being taken out, his head was receiving jerks as he was not having control over his body, whereas, PW-8 denied that the head of the victim was shaking, but stated that the head had slumped forward. PW-5 Joginder Singh observed that some students had lifted another student. When the body was being lifted, his head struck against the ground. As per PW-27, if unconscious person is made to sit on motorcycle, it would immediately lead to deterioration of his condition due to stoppage of blood supply to brain. PW-5 Joginder Singh observed that some students had lifted another student. When the body was being lifted, his head struck against the ground. As per PW-27, if unconscious person is made to sit on motorcycle, it would immediately lead to deterioration of his condition due to stoppage of blood supply to brain. Even PW-4 stated when victim was lifted and put inside the car, at that time he was dragged by one student from the other side. By referring to the above pieces of evidence, leaned counsel for accused persons submitted that there was a high probability of the victim having suffered injuries in the course of his hasty and reckless shifting from room No. 209 to the hospital as well as by WPW-syndrome which stands probabilized by the evidence on record. The learned defence counsel also pointed out GD entry No.44A dated 8.3.2009 at 9.14 pm, First information Report (Ex PW-25/A), statement of PW-1, PW-19 Dr. B.S. Rana, PW-27, PW-32 and PW-36 to show that the cause of death was heart attack for which DC shocks are one of the treatment option for WPW syndrome. Whereas, PW-32, i.e. Head of Board of Pathologist, has stated that Board was not provided with a history of WPW syndrome and it was also possible for them to examine the same as they were examining the dead heart. Defence has also made endeavour to highlight that victim had filled a form Ext D-22 in which column No. 6 to 8 relating to the heart and chest examination was kept blank purposely as victim and his parents were having apprehension in their mind that the victim was having heart problem and which might not cause hindrance in his admission. 25. THE learned counsel for accused persons also argued that the time 3.45 pm, as mentioned in the FIR Ext PW-25/A, is also the time of second ragging on 8.3.2009, moreover, human blood stains were found on the clothes of the victim which he was wearing on 8.3.2009 as per the report of FSL, Junga and even underwear of victim, found to be stained with blood, were unanswered by the investigation and fact of second ragging has been completely over looked, whereas, PW-22 had denied the suggestion that he had mentioned the ragging dated 8.3.2009. Defence has tried to indicate in reference to statement of PW-22 that hemorrhage, mentioned in serial No.3 of ante mortem injury, is apparent and it could have been noticed by any other person who would have come in contact with the person. Further, PW-22 stated that the ante mortem injuries 1 to 6 and injuries mentioned under the Head of cranium and spinal cord can be caused concurrently and injury Nos. 1 to 6 mentioned under the heading of Scalp, Skull, Vertebrae, Membranes and Brain in Ext PW-22/C can be within 24 hours. According to the defence, un- explained injuries emerging from the testimony of PW-22 were suppressed because of not taking cognizance by investigation about the second ragging. 26. IN reference to the happenings of intervening night of 6/7th March, 2009 from 2 am to 4.30 am and the atmosphere at the relevant time, defence counsel had tried to impress us that the atmosphere of new boys hostel was congenial and the students were not wrongly confined as the medical students had assembled in Common Hall at their free will and two of them were sent back also. By referring to the statements of PW-5, PW-6, PW-8, PW-10, PW-12, PW-13 and PW-16, defence has tried to indicate in terms of statement of PW-5 Joginder Singh that when he went in the common room, accused were talking with first year students. As per statement of PW-10, the students were not threatened by anybody. According to PW-8, he had not given statement that seniors had threatened them not to lodge any complaint. PW-5 has stated that when he was standing in the verandah, accused Ajay Verma came and told that they have come to discuss freshers' party and he asked PW-5 to go down. According to PW-6, after coming from common room, medical students shared jokes with each other. PW-8 stated that some students were singing and others were sharing jokes. PW-10 also stated that in the intervening night of 6/7th March, 2009, seniors told them about fresher's party and conventions and also working in the college. According to PW-12, seniors were making junior doctors to understand to respect the seniors. According to the defence, majority of the prosecution witnesses never wanted to complain as nothing unusual had happened and there was nothing worth complaining. According to PW-12, seniors were making junior doctors to understand to respect the seniors. According to the defence, majority of the prosecution witnesses never wanted to complain as nothing unusual had happened and there was nothing worth complaining. Two students, namely Nitesh and Abhilash Verma admittedly had not participated in ragging as Nitesh had a fracture and Abhilash was suffering from depression. As per statement of PW-8, students were not in favour of lodging the complaint. According to PW-12, accused told them not to lodge any complaint as they were seniors and such ragging was a matter of course and on asking by Deepak Verma to give statements in writing, most of students had declined to lodge any complaint. As per statement of PW-13 also, most of the students were not inclined to give their statements to PW-2 hostel Manager. Thus, the above facts and prevailing circumstances were of a routine nature, students were asked to come to the common room and the ragging was not done. It is also submitted that the investigation of the case was most unfair, bias and relied upon Samadhan Dhudaka Vs. state of Maharashtra (2008) 16 SCC 705. It is further argued by the learned defence counsel that the statement, recorded in the evening on 8.3.2009, has not been placed on record. The alleged eye witnesses were tutored. There has been deliberate delay in recording the statements, which suggest that the investigator was deliberately availing time with a view to decide about the shape to be given to the case and placed reliance upon Ganesh Bhavan Patel & Another versus state of Maharashtra, AIR 1979 SC 135 , wherein it is observed that 'the delay of a few hours, simpliciter, in recording the statements of eye witnesses may not by itself, amount to a serious infirmity in the prosecution case. But it may assume such a character if there are concomitant circumstances to suggest that the investigator was deliberately marking time with a view to decide about the shape to be given to the case and the eye witnesses to be introduced. Thus, considered in the light of surrounding circumstances, the inordinate delay in registration of the FIR and further delay in recording the statements of the material witnesses, casts a cloud of suspicion on the credibility of the prosecution story. 27. Thus, considered in the light of surrounding circumstances, the inordinate delay in registration of the FIR and further delay in recording the statements of the material witnesses, casts a cloud of suspicion on the credibility of the prosecution story. 27. THE defence also submitted that the manner, in which all the prosecution witnesses deposed by exaggerating the facts before the Magistrate in their statements under section 164 Cr.PC, demonstrates their willful intentions and interest to help the case of prosecution to implicate the appellants, whereas their statements are in variance. 28. IN view of above circumstances and the improvements, so made on the material facts go to the root of the case are fatal to the case of the prosecution in view of the judgment of Hon'ble Supreme Court in state of Rajasthan versus Kishan Singh & Others, (2002) 10 SCC 160, para-5. It has been argued on behalf of the defence that injuries on the person of victim were simple in nature, for that the accused/appellants were neither to be charge sheeted for murder nor conviction culpable homicide not amount to murder. In support of such submission, several judgments have been referred, viz.; Mingma Lepcha versus state of Sikkim, 1986(1) Crimes 575 , Smt. Sridevi versus State, 1974 Cri.L.J. 126, The Public Prosecutor, Andhra Pradesh versus Nalam Suryanarayana Murthy, 1973 Cri.L.J. 1238, Jamuna Chaudhur and Ors. Versus state of Bihar, 1971 Cri.L.J. 898, Pichapillai versus The State, 1996 Cri.L.J. 3634, Pirthi versus state of Haryana, AIR 1994 SC 1582 , Jani Gulab Shaikh versus The state of Maharashtra, 1970 SCC Cri.532, state of Karnataka versus Shivalingaiah alias Handigidda, 1988 (Supp) SCC 533, Thomas versus state of Kerala, 1992 Cri.L.J. 581, 29. CONTRA, the learned Additional Advocate General, seeks conversion of the sentence for the offence of murder by holding them guilty for the offence under Section 302 IPC and alternatively sought enhancement in sentence for the offence under section 304II IPC. We have weighed respective contentions in all its minute details and surveyed the entire case law cited above and re-assessed the evidence on record. Now we proceed to highlight the material evidence on record to examine the culpability of the accused. 30. Dr. J.B. Singh (PW-27), had examined the victim before his death in the evening of 8th March, 2009. He stated that apart from others, there were other symptoms of sub-arachnoid hemorrhage like convulsions or coma. Now we proceed to highlight the material evidence on record to examine the culpability of the accused. 30. Dr. J.B. Singh (PW-27), had examined the victim before his death in the evening of 8th March, 2009. He stated that apart from others, there were other symptoms of sub-arachnoid hemorrhage like convulsions or coma. He categorically stated that a patient can have sub-arachnoid hemorrhage even without any symptom. In view of the testimony of Dr.D.P.Swami, PW-22, who conducted the post- mortem of the deceased, stated that it is not compulsory in each case of sub-arachnoid hemorrhage that the deceased would have suffered headache or giddiness before death. Dr. Subhash Sharma (PW-18), who attended the victim on emergency duty and issued OPD slip Ext.PW-18/A has indicated that the victim was brought with the history of sudden chest discomfort, whereas, in view of testimony of PW-4 when victim felt chest discomfort and had become unconscious, therefore, in view of the testimony of PW-18, the victim was rightly treated for ailment relating to heart and endeavour was rightly made to restore the cardiac activity. But Dr. D.P. Swami (PW-22) has very categorically stated that brain hemorrhage sustained by the victim had led to cardiac death. The treatment chart of victim Ext.PW-14/B is also revealing that the victim was given DC shocks to revive his heart as his heart sound was not audible and respiration was also not spontaneous and no cardiac activity was seen on the monitor on 8.3.2009. But at that time the victim was already dead, his pupils were dilated and fixed. It was an attempt to revive a dead body PW-19 (Dr. B.S. Rana), who had attended the victim on 8.3.2009 in CCU, confirms the fact that blood pressure and pulse of the victim were not recordable and there was no spontaneous respiration and at the same time even there was no cardiac activity, The patient was declared dead at 7.20 p.m. We do not find any evidence on record to suggest that the victim was suffering with WPW Syndrome. Though PW-27 admitted that one of the treatment of WPW syndrome is DC shock but this would not establish that the victim / deceased was suffering with WPW syndrome and for that he was given DC shock. Further PW-1 (Dr. Though PW-27 admitted that one of the treatment of WPW syndrome is DC shock but this would not establish that the victim / deceased was suffering with WPW syndrome and for that he was given DC shock. Further PW-1 (Dr. Suresh Sankhian), Principal of Medical College, was not a heart specialist and had also not examined the victim but on the information of a relative of the victim, he stated to have mentioned that the victim was suffering from WPW Syndrome i.e. heart problem, but according to him for that investigation could not be done as the victim had already died. Being Medical doctor, PW-1 has not even mentioned in Ext.PW-1/A that the victim had died due to heart problem, whereas, he mentioned only about chest pain. The aforesaid medical evidence and prosecution witnesses, discussed at length, do establish that the victim had died of cardiac death because of SAH caused by beatings which led to cardiac arrest but as nothing has been brought on record that the victim had been suffering of heart problem. Even the uncle of the deceased denied about any heart ailment of the deceased. Further, the written statement of victim Ext.PW-4/B given to the Hostel Warden Deepak Verma (PW-2) is an undisputed and unchallenged document establishing the above facts, moreso, when Rajinder Kachroo (PW-38), being father of the victim, has identified and testified the credibility of Ext.PW-4/B stating in addition that his son (victim) was having no heart problem. 31. EXT. PW-4/B, written statement of the deceased, is the most important piece of evidence to which he submitted at the time of inquiry conducted by PW-2 regarding the occurrence in question, on 8.3.2009 at 4 P.M after about 2/3 hours victim breathed his last. His death stands connected with the injuries received by him as per the medical evidence, therefore, the statement aforesaid can safely be treated as his dying declaration wherein the role of accused persons has been mentioned making them culpably liable. It reads as under: "On the 7th at approximately two in the morning, four of my seniors namely, (1) Dr. Ajay Kumar Verma (2) Naveen Verma (3) Abhinav Verma (4) Mukul Sharma, came to the hostel (1st Year hostel) and came drunk. After which, they called for the whole class in one room and started brutally beating each one of us individually. Ajay Kumar Verma (2) Naveen Verma (3) Abhinav Verma (4) Mukul Sharma, came to the hostel (1st Year hostel) and came drunk. After which, they called for the whole class in one room and started brutally beating each one of us individually. We were slapped and tortured continuously for two hours till about four thirty in the morning. The worst of hits that we received was from Dr. Ajay Kumar Verma who did not spare anyone. It was evident by their actions and from their odour that they were completely drunk. Similar such incidents have happened in the past (once every two months) but this was by far the worst incident. We have been provided with a guard but he has never ever helped in such situations. I suspect that he may have been provided with alcohol by the seniors each time. Individually speaking, I was slapped approximately seven times by Dr. Ajay Kumar Verma and this was after Mr. Naveen Verma and Mr. Abhinav Verma's slaps. I received a perforation by the hands of Mr. Naveen, after which he brought me to the hands of Dr. Ajay Kumar Verma. My hospital slip is attached to this report which states clearly that I received a traumatic perforation on by left ear. I went to the E.N.T. Clinic. The next morning in our very own hospital. Sd/- Aman (Aman Satya Kachroo) Roll No.809 MBBS 1st" The above statement makes it amply clear that the accused persons were drunk and he was slapped approximately seven times by Dr. Ajay Kumar Verma, Naveen Verma and Abhinav Verma and that similar type of incidents also happened in the past, i.e. at least once every two months but it was the worst incident. This statement was made when victim was in a fit statement of mind to make such a statement. Ext.PW-4/B is credible and a most reliable piece of evidence as dying declaration to which he gave in the shortest possible time is sufficient to establish the culpability of the accused persons. The medical evidence and the contents of Ext.PW-4/B, in our opinion, establish brain hemorrhage causing death of victim, was the result of violent and repeated slaps by putting his head down. The oral evidence coupled with the averments made in Ext PW-4/B and medical evidence available on record are establishing factors to connect the accused persons with his death. 32. The medical evidence and the contents of Ext.PW-4/B, in our opinion, establish brain hemorrhage causing death of victim, was the result of violent and repeated slaps by putting his head down. The oral evidence coupled with the averments made in Ext PW-4/B and medical evidence available on record are establishing factors to connect the accused persons with his death. 32. FURTHER we also find that it was not necessary for the victim to reveal each and every fact of the occurrence in Ext PW-4/B qua 9th March, 2009 in detail as the first year medical students had initially decided not to make any complaint. The medical students had given statement before the Hostel Warden not voluntarily but upon being asked by the College authorities. The reason is obvious but when the victim had died and a criminal case was registered and also because of such incidents in the past, the matter assumed seriousness that must be the reason to give in some detail qua the incident and also alleged that the victim was banged against the wall. Though some of the witnesses even after having been confronted with their statement recorded by the police under Section 161 Cr.P.C. had not stated that the victim was banged against the wall, but such an omission is not so serious that it would shake very foundation of the case. On the scrutiny of prosecution witnesses, we do not find anything qua the second incident of ragging, as alleged. 33. FURTHER PW-2 was also not sure as to whether victim had fallen down or had laid down on the floor and PW-2, though present on the spot and had witnessed the victim being taken from the hostel room to the casualty, however, he had not seen that the neck of the victim had received jerk due to fall or any head injury while being taken by car. Though the victim had got his written statement recorded first, however, till he was taken to the Casualty, he did not apprise any incident or mis-happening occurred to him when he had gone out of room for some time. Though the victim had got his written statement recorded first, however, till he was taken to the Casualty, he did not apprise any incident or mis-happening occurred to him when he had gone out of room for some time. Had he come across of any eventuality, accident or any injury of any kind, he would have definitely apprized PW-2 or PW-4 and other medical students who were present in the hostel room, however, lack of giving details and minute observations, when the victim was being taken from the hostel to Casualty by him, are not indicative of the fact that the victim had not at all received the scratches or any other injury on his head. 34. PW-3 stated that he had not seen the occurrence, however, he acknowledged that the ragging took place in the intervening night of 6th/7th March, 2009 and despite his asking, the four students of the hostel, who met him on 7.3.2009 at about 7.30 PM, had not told him about the incidence of ragging. Testimony of PW-3 also reveals that he was not apprized by PW-2 about any other second ragging has taken place on 8.3.2009 (AN). As revealed from the testimony of PW-4 that he being a room-mate of victim remained in the company of victim on the fateful day i.e. intervening night of 6/7.3.2009 from 4.30 am on 7.3.2009 till 4.00 p.m. on 8.3.2009, he had not disclosed to (PW-2), the Manager of the hostels of the medical college, about the ragging, if any, done on the intervening night of 6/7.3.2009 but stated that he had not apparently noticed any head injury on the victim while he was being taken from hostel room to the casualty. 35. IN view of above analysis, the argument of defence that during the second ragging which took place on 8.3.2009 at 3.45 P.M., the victim might have sustained the injuries in question which could have been the cause of his death is not legally and factually tenable when none of the first year medical students have stated anything about the second ragging dated 8.3.2009. The doubt entertained by the defence that during shifting of victim from Room No.209 of Hostel to the Emergency of the hospital and taking him through stair case and endeavour to take him on motorcycle and during such course of removing him, the head of the victim might have struck against any hard surface with moderate to severe force is not probabilized also keeping in view the medical opinion and the testimony of PW-22. It is thus clear that the injury mentioned in Ext.PW-22/C could be caused by fist and palm blows and not by striking against the hard surface. The mild jerks as well as touching of head of the victim with the surface as stated by Security Guard, Joginder Singh (PW-5) is a tainted version. He appears to have sided with the accused persons. Indisputably the victim was removed to the emergency when he was unconscious and at that time sub arachnoid hemorrhage suffered by the victim had started to show its effect. If sub arachnoid hemorrhage in question was caused during the period when the victim was being removed to the emergency, then the victim would not have become unconscious in Room No.209 itself. The victim experienced discomfort of chest and thereafter got unconscious. It reveals that sub arachnoid hemorrhage had effected the cardiac activity which resulted into death of the victim. As per testimony of PW-22, the VCD shown to him was not complete but edited version is incorrect. As per LHC Rakesh Kumar (PW-34), entire post mortem in continuity was not recorded but in between the videography was stopped, therefore, in the light of such evidence much reliance cannot be placed on CVD as well as video cassette of the post mortem specifically when post mortem report Ext.PW-22/C duly proved by PW-22 is reliable and trustworthy. Six ante mortem injuries mentioned in Ext.PW-22/C have no direct or effective bearing on the outcome of the case of the prosecution, whereas, in view of the testimony of PW-22, injuries mentioned in Ext PW-22/C could be caused by fist and palm blows as aforesaid and not by striking against the hard surface which caused sub archonoid hemorrhage resulting into cardiac arrest and ultimately the death. 36. 36. FURTHER the proved circumstances on record clearly establishes that the accused persons being medicos were fully aware and had the knowledge that the repeated blows/slaps on the side of the head could cause death. They are not layman but are having the full and complete knowledge of physical anatomy despite that they gave repeated blows to the deceased on the vital part of the body, i.e. the head, proves a case against them for the offences punishable under sections 304 Part-II, 352, 342 read with Section 34 of IPC and not U/S 302 of the Indian Penal Code. Therefore, for the aforesaid reasons, in our considered view learned Additional Sessions Judge, after analyzing the material on record, prosecution witnesses and medical opinion, while holding them guilty, has correctly arrived at the finding of their guilt and accordingly convicted them, which requires no interference. 37. IN so far as sentence is concerned, we observe that a young medical student had died consequent upon violent and repeated slapping by the accused persons which is inhuman and is a blatant breach of human right. The victim was the only son of his parents. His life has gone for a song. The accused persons were also medical students which is considered to be a cream, but their barbarous act was a dastardly act for a youth who was none else than their college-mate. While balancing all the factors of both the sides we do feel that it is absolutely not a case of giving any benefit under the benefit of Probation of Offenders Act. However, in the totality of facts and circumstances and looking at the punishment provided for the offences for which they have been held guilty and by adopting a balanced approach to meet the ends of justice, we affirm the sentence already imposed by the learned trial court, with modification in sentence that in addition to the fine already imposed, each of the accused appellants shall also deposit compensation to the tune of Rs.1,00,000/- each under section 357 Cr.P.C. within a month from today, failing which it shall be realized by the learned trial court as a fine. The amount so realized shall be released to the next of the kin of deceased Aman Kachroo. To the above extent, the sentence stands modified. The amount so realized shall be released to the next of the kin of deceased Aman Kachroo. To the above extent, the sentence stands modified. We also feel that the life of deceased cannot be compensated in money but at the same time the accused persons should also realize that they have been sufficiently atoned for their misadventure. 38. IN view of the above analysis, discussion, in substance Criminal Appeals No.519, 552, 553 of 2010 and Criminal Appeal No.17 of 2011, are dismissed and also Criminal Appeals No.48 and 80 of 2011, preferred by the state under Section 377 and 378 respectively of the Code of Criminal Procedure are also dismissed. Records of the case be sent back to the learned trial court. Appeals are dismissed.