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Himachal Pradesh High Court · body

2015 DIGILAW 929 (HP)

Harinder v. State of Himachal Pradesh

2015-07-22

RAJIV SHARMA, SURESHWAR THAKUR

body2015
JUDGMENT Sureshwar Thakur, J. 1. Since, both these appeals arise from a common judgment rendered on 10-9-2009 to 11-9-2009 in Sessions Trial No. 3-S/7 of 2008 by the learned Sessions Judge, Solan, hence, they are proposed to be decided by a common judgment. 2. Criminal Appeal No. 206 of 2010 has been instituted by the State of H.P. It stands aggrieved by the judgment of the learned trial Court, whereby the learned trial Court recorded findings of acquittal against accused/respondents Mohit Sharma, Abhishek and Pawan Kumar qua charges framed against them under Sections 147, 148, 149, 302 read with Section 149, 307 read with Section 149, 201 read with Section 149 of the Indian Penal Code and under Section 27 of the Arms Act read with Section 149 of the Indian Penal Code. On the other hand, Criminal Appeal No. 13 of 2010 has been instituted before this Court at the instance of accused Harinder, who stands aggrieved by the findings of conviction recorded against him for his having committed offences punishable under Sections 302, 307, 324 and 201 of the IPC and under Section 27(1) of the Arms Act. 3. Briefly stated the facts of the case are that on the night of 21.6.2008 accused Harinder alias Monti, Abhishek, Mohit Sharma, Pawan Kumar and one Ankush Bharatwal had come to Shoolini Fair at Thodo ground Solan and accused Harinder was possessing a knife. The complainant party consisting of Vikas Thakur, Kamal son of Nand Lal, Kamal Thakur, Pawan Kumar and deceased Sanju alias Sanjay were also present in Shoolini Fair in the night on 21/22.6.2008. The said fair concluded by 12-30 on the intervening night of 21/22-6-2008 and when complainant party and deceased Sanju started going towards their homes, the accused persons picked up quarrel with them and accused Harinder gave a knife blow to Kamal Kumar on the left side of his abdomen and two knife blows to deceased Sanjay. He also gave knife blows to Vikas Thakur and Pawan Kumar and the other accused gave beatings to the complainant party with fist and kick blows. Upon this the aforesaid injured ran and scattered. In the meantime police came there and took Sanju to hospital and the remaining injured were also taken to Solan Hospital. In the hospital Dy. S.P. N.S. Rathor recorded the statement of Vikas Thakur. Upon this the aforesaid injured ran and scattered. In the meantime police came there and took Sanju to hospital and the remaining injured were also taken to Solan Hospital. In the hospital Dy. S.P. N.S. Rathor recorded the statement of Vikas Thakur. He sent the said statement to police station for registration of F.I.R. PW-14 made an application to the M.O. for medical examination of the injured and pursuant to which PW-7 conducted medical examination of all the injured. Sanju alias Sanjay was declared dead. Injured Vikas was referred to PGI, Chandigarh and Kamal Kumar to IGMC whereas Pawan Kumar was referred to PGI Chandigarh. After giving knife blows and beating to the complainant party and deceased all the accused had run away from the spot and they were apprehended by the police after knowing the particulars of the accused. The spot map of the place where the deceased Sanju was lifted by the police was prepared, besides controlled sample of the earth, blood stained earth, blood of the deceased were lifted. Specimen of seal impressions were taken on a piece of cloth. Thereafter, Dy. S.P made application for the post mortem examination of deceased and obtained post mortem report vide which Dr. Rajan Sood, Medical Officer, R.H. Solan found three clean incised wounds of size of 4x2 c.m. i.e. one on left lumber region, the other near left iliac crest and the third on dorsal spine and all the three wounds were with fresh ooze of blood. Doctor opined that Sanju deceased died due to hemorrhagic shock because of injury to kidney, spleen tail of pancreas and blood vessels in the spleno renal ligament due to wound No. 1 and further opined that the duration between the injury and death was less than one hour and between death and post mortem was less than 15 hours. The doctor took into possession the clothes worn by the deceased and sealed the same and thereafter handed over to police. Parcel containing pants of the accused was deposited in the Malkhana with MHC who made entry thereof in the Malkhana register. Injured Pawan Kumar produced his blood stained pants which was sealed with seal H and taken into possession through a memo in the presence of witnesses Satinder Thakur and H.C. Yadav Chand, etc. The police also took into possession the blood stained clothes of Vikas Thakir, ie. Injured Pawan Kumar produced his blood stained pants which was sealed with seal H and taken into possession through a memo in the presence of witnesses Satinder Thakur and H.C. Yadav Chand, etc. The police also took into possession the blood stained clothes of Vikas Thakir, ie. Baniyan, T-shirt through a memo after sealing the same in a cloth parcel. Injured Kamal Kumar also produced his clothes i.e. pants, kameez and nikkar stained with blood to the police which were wrapped in cloth parcel and sealed. MHC Hardev Singh sent some parcels containing clothes of the deceased, injured and accused and viscera of the deceased to FSL Junga through HHC Ram Lal. From the FSL report, no alcohol or poison was found in the viscera of the deceased. On 18.08.2008 an application was made to M.O. of the Solan hospital for giving opinion about the nature of the injuries shown in MLCs of Kamal, Vikas and Pawan Kumar. The case summary issued by doctors of IGMC and PGI Chandigarh disclosed an opinion that the stab injury of Kamal was dangerous to life whereas the injury to Pawan Kumar was not dangerous to life. 4. Accused Harinder during interrogation made a disclosure statement on the basis of which the knife was recovered which was taken into possession after measuring it and a sketch thereof was prepared in the presence of the witnesses. The site plan of the place of recovery of knife was prepared. Accused Abhishek Thapa on 22.6.2008 identified the place of incident in the Thodo ground. 5. On conclusion of the investigation, into the offences, allegedly committed by the accused, final report under Section 173 of the Code of Criminal Procedure was prepared and presented in the Court. 6. The accused were charged for theirs having committed offences punishable under Sections 147, 148, 149, 302 read with Section 149, 307 read with Section 149, 201 read with Section 149 of the Indian Penal Code and under Section 27 of the Arms Act read with Section 149 of the Indian Penal Code, to which they pleaded not guilty and claimed trial. 7. In order to prove its case, the prosecution examined 15 witnesses. On closure of prosecution evidence, the statements of accused, under Section 313 of the Code of Criminal Procedure, were recorded, in, which they pleaded innocence and claimed false implication. In defence, the accused had examined three witnesses. 7. In order to prove its case, the prosecution examined 15 witnesses. On closure of prosecution evidence, the statements of accused, under Section 313 of the Code of Criminal Procedure, were recorded, in, which they pleaded innocence and claimed false implication. In defence, the accused had examined three witnesses. 8. On appraisal of the evidence on record, the learned trial Court, returned findings of conviction against the accused namely Harinder for his having committed offence punishable under Sections 302, 307, 324 and 201 of the IPC and under Section 27(1) of the Arms Act. However, it acquitted accused, Mohit Sharma, Abhishek and Pawan Kumar for the offences for which they stood charged. 9. The learned counsel appearing for the appellant/accused/Harinder has concertedly and vigorously contended that the findings of conviction recorded by the learned trial Court are not based on a proper appreciation of evidence on record, rather they are sequelled by gross mis appreciation of the material on record. Hence, he contends that the findings of conviction be reversed by this Court, in, exercise of its appellate jurisdiction, and be replaced by findings of acquittal. 10. The learned Additional Advocate General appearing for the State has with considerable force and vigour, contended that the findings of conviction recorded by the Court below qua accused Harinder are based on a mature and balanced appreciation of evidence on record and do not necessitate interference, rather merit vindication. The learned Additional Advocate General further contends that the findings of acquittal recorded in favour of respondents Mohit Sharma, Abhishek and Pawan Kumar be reversed by this Court in exercise of its appellate jurisdiction and be replaced by findings of conviction. On the other hand, learned counsel appearing for the respondents submits that the findings of acquittal recorded by the learned trial Court in favour of the respondents aforesaid are based on a mature and balanced appreciation of evidence on record and do not necessitate interference, rather merit vindication. 11. This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record. 12. The prosecution case is harbored upon statements of injured witnesses PW-1 Vikas Thakur, PW-2 Kamal Kumar and PW-4 Pawan Kumar. PW-1 recorded his statement under Section 154 Cr. 11. This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record. 12. The prosecution case is harbored upon statements of injured witnesses PW-1 Vikas Thakur, PW-2 Kamal Kumar and PW-4 Pawan Kumar. PW-1 recorded his statement under Section 154 Cr. P.C comprised in Ext.PW-1/A. He in his deposition deposed that on 21.06.2008 he alongwith Sanju, Kamal and Pawan was attending Mata Shoolni Devi Ji fair in Thodo Ground, Solan. The fair ended at 12.05 at mid night. In the meantime, he and Pawan went towards the Jhulla and when they returned they noticed that some boys were arguing with Sanju and Kamal was a little behind. Thereafter, he and Pawan went to Sanju. Consequently, when they were seeking an explanation as to what was going on, some scuffle ensued. In the scuffle a person gave a knife blow to Pawan. He deposes that Pawan caught hold of him and told him that some one had given him a knife blow. He further deposes that when he turned back Nishu was standing a little behind. He continues to depose that when he proceeded to disclose to Nishu that some one had given knife blow to Pawan Kumar, Monti, who was standing alongwith Pawan Kumar and without saying anything gave a knife blow to him. This witness has identified Monti in Court. Besides this witness has also identified Nishu in Court. He continues to depose that immediately thereafter, he put his hand on his abdomen where the knife blow was given and ran backwards. He proceeds to depose that blood started oozing from his wounds and smeared his pants as well as spilled on the ground. He deposes that he immediately ran away. He deposes that he cannot disclose who else was injured at that time. He has proven his statement Ext.PW-1/A. Permission was granted to the learned Public Prosecutor to put a leading question to PW-1. On permission being granted to the learned Public Prosecutor to do so, the learned Public Prosecutor put a question to PW-1 whether Harinder/Monti had attacked Sanju in the fair. His answer to the aforesaid question put to him by the learned Public Prosecutor was in the affirmative. On permission being granted to the learned Public Prosecutor to do so, the learned Public Prosecutor put a question to PW-1 whether Harinder/Monti had attacked Sanju in the fair. His answer to the aforesaid question put to him by the learned Public Prosecutor was in the affirmative. He continues to depose that he had handed over the blood smeared pants to the police and also the t-shirt and Banyan, which he was wearing at the time of occurrence. The police packed these clothes in a parcel and sealed them with seal impression ‘K’ and took them into possession vide memo Ext.PW- 1/B. Parcel has been deposed by this witness to be bearing his signatures. The learned Public Prosecutor with the permission of the Court produced a parcel containing the clothes of this witness. Seals borne on the parcel were intact. The parcel contained the seal of FSL. On opening the parcel, it was found to be containing Pant Ext.P-1, T-shirt Ext.P-2 and Banyan Ext.P-3. Banyan and Tshirt carrying the cut of knife and bearing blood stains were both deposed by this witness to be the same. In his cross-examination he has deposed that he was conversant with the name of accused Harinder as Monti only. 13. The other injured eye witness to the occurrence is PW- 2 Kamal Kumar. He has on oath deposed that on 21/22nd June, 2008 he attended the fair of Shri Mata Shoolini Devi Ji at Thodo Ground, Solan alongwith Sanjay Thakur, Vikas Thakur and Pawan Thakur. The fair concluded at 12.30 at midnight. Thereafter when they started towards their home, Vikas met them in the ground. Monti has been deposed by him to have given a knife blow to him and thereafter to Sanju. Billa was alongwith Monti. Sanju has been deposed by this witness to have been given two knife blows by Monti. He further deposes that one blow was given on the side of abdomen and the other was given near the centre of the abdomen. He deposes that he received injury on the left side of his abdomen owing to the blow of knife given by accused Monti. He proceeds to depose that owing to knife blow blood started oozing from his injuries. Blood has been deposed by this witness to have smeared his shirt, pants, Nikker and shoes. He deposes that he received injury on the left side of his abdomen owing to the blow of knife given by accused Monti. He proceeds to depose that owing to knife blow blood started oozing from his injuries. Blood has been deposed by this witness to have smeared his shirt, pants, Nikker and shoes. He further deposes that Vikas Thakur and Pawan Kumar did not receive injuries in his presence but received injuries lateron. He was taken to hospital in the vehicle. Sanju ran towards the stair after receiving injuries and tried to block the blood and was also taken to hospital. He deposes that Sanju succumbed to his injuries. He continues to depose that he was thereafter referred to Shimla and was medically examined by the doctor. He further deposes that he remained admitted in the IGMC for 9 days and that he handed over to the police discharge slip Mark-A and also handed over his clothes, i.e. Shirt, Pants and Nikker, which were taken into possession and put in a parcel by the police and sealed with seal. These items have been deposed to be taken into possession by the police vide memo Ext.PW-2/A, which has been deposed to be signed by him and his father. The learned Public Prosecutor produced the parcel. The seals thereon were found intact besides it bore the seal of FSL. With the permission of the Court the parcel was opened and on opening the parcel it was found to be containing Pant, Shirt and Nikker. Pant Ext.P-4, Shirt Ext.P-5 and Nikker Ext.P-6 have been deposed by this witness to be belonging to him and he further deposes that he was wearing these clothes at the time of incident. Another parcel sealed with seal of the FSL was produced in Court by the learned Public Prosecutor and with the permission of the Court it was opened. On the opening of the parcel, it was found to contain dagger type knife Ext.P-7, which on being shown to this witness was identified by him to be the same knife with which Monti gave knife blows to this witness and to Sanju. He identified Monti in Court. In his cross-examination he has deposed that he has no acquaintance with Monti but has seen him earlier once or twice. He identified Monti in Court. In his cross-examination he has deposed that he has no acquaintance with Monti but has seen him earlier once or twice. He has in his cross-examination deposed that he does not know Harinder yet he has deposed that Monti is the person who is present in Court. 14. PW-3 Kamal Thakur has deposed that on 21.6.2008 he had come to Thodo Ground to attend Shri Mata Shoolini Devi fair. The fair has been deposed by this witness to have concluded at 12- 15/12-30 midnight. He continues to depose that when he was going towards main gate for going home, Sanjay, Vikas, Pawan and Kamal met him. Subsequently, accused persons present in the Court arrived there and a scuffle occurred between the accused persons present in Court and Ankush, Sanjay, Vikas, Pawan and Kamal. Fists and kicks blows have been deposed to be delivered by the accused and thereafter Monti took out his knife and delivered a blow with it on Vikas. Vikas received injuries on his abdomen and blood started oozing out. Subsequently, Monti has been deposed to have also given a knife blow to Pawan on the back of the lateral side wherefrom blood started oozing. Thereafter, Monti has been deposed to have given a knife blow to Sanjay. Subsequently he deposes that one more blow was given to Sanjay by Monti on the stomach and the other on the back. In sequel to the knife blows he deposes that blood started oozing from the wounds of Sanjay and thereafter Sanjay fled away. Thereafter, accused Monti has been deposed to have delivered a knife blow on the stomach of Kamal. Blood started oozing from the wound of Kamal. On seeing that accused Monti was wielding knife, they fled from the site. He deposes that police carried injured Sanjay to hospital in a Tata Mobile and then they proceeded to hospital and reached there at about 1.30 a.m. they were apprised that Sanjay had expired. He has proceeded to depose that on 22nd in the morning they went to police station and that the police brought the accused persons in the police station at 9/9.30 a.m. This witness was taken to Thodo Ground by the police. The police party inspected the place where Sanjay was lying after receiving injuries. Blood has been deposed by this witness to have been scattered at the site of occurrence. The police party inspected the place where Sanjay was lying after receiving injuries. Blood has been deposed by this witness to have been scattered at the site of occurrence. A maize corn without maize (Gulla) which was stained with blood was lying there. He further deposes that police took into possession blood smeared earth, blood smeared Gulla, blood stained polythene envelopes. All these items were taken into possession from the place where Sanjay was lying after receiving injuries. The aforesaid items were wrapped in three cloth parcels separately and sealed with seal and taken into possession vide recovery memo Ext.PW- 3/A, which has been deposed to be bearing his signatures. He has proceeded to depose that he had gone to Kotla Nala for the repair of the vehicle. He also deposed that he went to the police station to enquire about the case as the police station was nearby. In the police station SHO was interrogating accused Monti. Monti in his presence has been deposed to have recorded a disclosure statement that he could get the knife recovered with which he had attacked the injured and the deceased in the fair. He deposes that Monti had disclosed to the police that the knife had been concealed by him below the railway track in the bushes at place known as Dohri Diwar. The disclosure statement made by the accused Monti to the police has been deposed by him to have been reduced into writing and signed by the accused. He deposes that he also signed disclosure statement Ext.PW-3/B. He proceeds to depose that they went to Dohri Diwar. Accused Monti has been deposed by this witness to have led them to the place where he had concealed the knife and got it recovered. The sketch of the knife has been deposed to be comprised in Ext.PW-3/C and to be bearing his signatures. The police also took photographs of accused with knife which are mark 1 to mark 4. The knife has been deposed to have been thereafter wrapped in a parcel and sealed with a seal and taken into possession vide memo Ext.PW-3/D, which has been deposed to be bearing his signatures and the signatures of accused Monti. Knife Ext.P-7 has been deposed to be the same which was got recovered by the accused. He identified his signatures on parcels Ext.P-8, P-9 and P-10. Knife Ext.P-7 has been deposed to be the same which was got recovered by the accused. He identified his signatures on parcels Ext.P-8, P-9 and P-10. In cross-examination he deposes that he knows Abhishek and Monti accused as he had seen Monti once or twice before the incident and Abhishek having visited his house. He has denied the suggestion that the name of Monti was disclosed to him by the police and he is not present in Court, rather during the course of cross-examination this witness pointed towards accused Harinder and stated that he is Monti. He has also denied the suggestion that there is no link between Harinder and Monti. 15. PW-4 is also an injured witness. He deposes that on 21.6.2008 he had gone to the fair of Shri Shoolini Mata at Thodo Ground. Vikas has been deposed by him to have accompanied him to the fair. Sanjay deceased and Kamal met them there. He continues to depose that the fair concluded at about 12-15 mid night. He deposes that when they were returning after the fair, Sanju and Kamal met them near the main gate. He deposes that when they were shaking hands accused Monti alongwith 5-6 more persons came and Monti gave a blow with knife on his back and when he turned back Monti ran away. Blood has been deposed by this witness to have started oozing from his wounds. Thereafter he deposes that he came to the side and sat on the stairs meant for sitting alongwith the gate. Thereafter, a boy named Satinder came to him and he told him about the injury and requested to take him to the hospital. On his being taken to hospital, he deposes that the doctor examined him and referred him to PGI. He deposes that he remained in PGI from the night intervening 21/22 June, 2008 to 24th June, 2008. On 25.6.2008 he handed over his pants and shirt to the police which he was wearing on the date of occurrence and which were smeared with blood. The police wrapped the pants and shirt in a cloth parcel and sealed the same, which was taken into possession vide memo Ext.PW-4/A, which has been deposed to be bearing his signatures and signatures of Satinder Singh. He deposes that he had handed over discharge slip Ext.PW-4/B to the police. The police wrapped the pants and shirt in a cloth parcel and sealed the same, which was taken into possession vide memo Ext.PW-4/A, which has been deposed to be bearing his signatures and signatures of Satinder Singh. He deposes that he had handed over discharge slip Ext.PW-4/B to the police. During the course of his examination in chief this witness has identified accused Monti in Court. With the permission of the Court the learned Public Prosecutor produced one sealed parcel containing Pants and shirt of the witness. The seals were found to be intact. With the permission of the Court the parcel was opened. This witness identified Pants Ext.P-11 to be the same which he was wearing at the time of incident, besides he identified the Knife Ext.P-7 with which accused Monti attacked him. 16. PW-1, PW-2 and PW-4 all were recipients of injuries inflicted with a knife upon their respective persons by accused Monti. All the injured witnesses have identified accused Monti in Court. PW-1 has deposed in his cross-examination that he was familiar with the name of accused Harinder as Monti. Even PW-2 in his cross-examination has deposed that he was knowing accused Monti. Given the occurrence in the depositions of PW-1 and PW-2 of theirs being familiar with the name of accused Harinder as Monti, and theirs having identified Monti in Court, firmly establishes the factum of accused Harinder also carrying the alias of Monti, in sequel, a firm conclusion which emanates is that accused Harinder bore the alias of Monti, with which alias both PW-1 and PW-2 were familiar, especially when the defence has not concerted to by adducing cogent evidence communicate that accused Harinder did not bear the alias of Monti. Given the previous familiarity of PWs aforesaid with the alias of Monti carried by accused Harinder and theirs having identified Monti in Court to be the person who perpetrated an assault on their persons as well as on the person of deceased Sanjay. Given the previous familiarity of PWs aforesaid with the alias of Monti carried by accused Harinder and theirs having identified Monti in Court to be the person who perpetrated an assault on their persons as well as on the person of deceased Sanjay. In aftermath, the deposition on oath of PW-1 and PW-2 more pointedly of PW-2 who has emphatically attributed to accused Monti, an incriminatory role of his having delivered blows with knife upon the injured witnesses respectively, inasmuch as on PW-1, PW-2 and PW-4, leads to a concomitant conclusion that the prosecution has adduced cogent ocular proof qua the factum of accused Monti having inflicted injuries with knife Ext.P-7 upon PW- 1, PW-2 and PW-4. Corroboration to the ocular version qua the occurrence rendered by PW-1, PW-2, PW-3 and PW-4 is lent by the factum of PW-1 having in his deposition proved Ext.P-1 T-shirt, Ext.P-2 Banyan and Ext.P-3 Shirt being his clothes which he was wearing at the time of occurrence and theirs containing the cut of knife besides carrying blood stains, which all were taken into possession vide memo Ext.PW-1/B, PW-2 has proved the factum of Ext.P-4 Pants, Ext.P-5 Shirt Ext.P-6 Nikkar, being his clothes which he was wearing at the time of incident and theirs carrying blood stains and which were taken into possession vide Memo Ext.PW- 2/A, and PW-4 has proved Ext.P-11 Pants, which he was wearing at the time of occurrence and its carrying blood stains and which were taken into possession vide Memo Ext.PW-4/A. Proof of exhibits aforesaid by PWs aforesaid lend fortifying vigour to the factum of theirs at the site of incident having been subjected to an assault with a knife Ext.P-7 by accused Monti. 17. MLC of PW-2 Kamal Kumar is comprised in Ext.PW-7/C. The following injuries have been noticed to be occurring on his person by the doctor who conducted medical examination on his person and prepared MLC: “There is a clean incised wound of size 4x2x4 cm on left upper lumber region below 12th rip with fresh ooze of blood. PW-7 has also deposed in his examination in chief that the kind of weapon used for causing the injuries aforesaid was sharp. In his examination in chief he has deposed that injuries underscored in Ext.PW-7/C are possible with knife Ext.P-7, shown to this witness in Court. PW-7 has also deposed in his examination in chief that the kind of weapon used for causing the injuries aforesaid was sharp. In his examination in chief he has deposed that injuries underscored in Ext.PW-7/C are possible with knife Ext.P-7, shown to this witness in Court. Similarly, on the same day, he also medically examined Pawan Kumar PW-4 and issued MLC comprised in Ext.PW-7/D and has recorded therein the existence of the following injuries on his person:- Clean incised wound 4x2x3 cm at the level of L-1 and L-2 vertebra on left side with fresh ooze of blood. In his examination in chief he has deposed that the injuries underscored in Ext.PW-7/D are possible with user of knife Ext.P-7, shown to this witness in Court. On the same day, he also medically examined Vikas Thakur PW-1 and found the following injuries comprised in Ext.PW-7/E existing on his person:- “Clean incised wound of size of 4x2x6 cm on left Hypochondrium with fresh ooze of blood. He has deposed in his examination in chief that the kind of weapon used for causing the injuries aforesaid was sharp. He in his examination in chief has deposed that he conducted the postmortem of deceased Sanjeev Kumar @ Sanju alongwith Dr. Raj Kumar Dharoch and Dr. Savita Aggarwal. He has proved post mortem report Ext.PW-7/L. The post mortem report records the existence of the hereinafter extracted injuries on the person of deceased Sanju:- “Abdomen Part: In walls wound No. 1 as shown in the post mortem report - there was a penetrating wound measuring 4x2 cm in the left upper lumber region. It was elliptical in shape with shart angles at two extremities. There was no bruise/raggedness. Clotted blood was present in and around the wound. No foreign material found in the wound. On probing the directions of the wound was upwards, inwards and towards the right, communicating with the peritonical cavity as shown in the diagram. Wound No. 2. There was a penetrating wound measuring 4x2 cm about 4 cm above the right iliac crest. It was elliptical in shape with sharp angles at two extremeties. There was no bruising/raggedness. Clotted blood was present in and around the wound. No foreign material around the wound. On probing the direction of wound was upward, inward and towards the right but was not communicating with the peritoneal cavity as shown in the diagram. Wound No. 3. It was elliptical in shape with sharp angles at two extremeties. There was no bruising/raggedness. Clotted blood was present in and around the wound. No foreign material around the wound. On probing the direction of wound was upward, inward and towards the right but was not communicating with the peritoneal cavity as shown in the diagram. Wound No. 3. There was a penetrating wound measuring 4x2 cm about 3 cm laterail to vertebral column found on left at the level of about D-12 to L-2. It was elliptical in shape with sharp angles at two extremeties. There was no brosing/raggedness. Clotted blood was present in and around the wound. No foreign material was found in the wound. On probing the direction of the wound was slightly upward and inwards. It was not communicating with the abdomen. Peritoneum: Peritoneum cavity was filled with blood (about four liters) and clots were also present. Peritoneum was pale and there was a rent in the left lumber region measuring 2x1 cm. In mouth and Oesophague blood stained fuild was present. Stomach wall and mucosa of stomach were normal and it was partially empty. Spleen. There was a tear of the capsule of the lower pose of the spleen, with partial cut of the slpeeno-renal (Lieno-renal) Ligament and including vessels and some tear further existing up to thetale of the pancreas which was partially cut. Spleen was shrunken. Right kindely was pale but normal in structure. Lift kidney there was tear in the capsule of convex surface of the left kidney.” During the course of examination in chief of PW-7, Ext.P-7 was shown to this witness its production before him unearthed the factum of the injures occurring on the person of the deceased, as enunciated in the post mortem report Ext.PW-7/L being sequelable by user of knife Ext.P-7. 18. MLCs of PW-1, PW-2 and PW-4 comprised in Ext.PW- 7/C, Ext.PW-7/D, Ext.PW-7/E proved by PW-7 emphatically upsurge a communication that the injuries noticed by him on the person of each of the injured and the deceased being sequelable by user of knife Ext.P-7 as shown in Court to this witness. 18. MLCs of PW-1, PW-2 and PW-4 comprised in Ext.PW- 7/C, Ext.PW-7/D, Ext.PW-7/E proved by PW-7 emphatically upsurge a communication that the injuries noticed by him on the person of each of the injured and the deceased being sequelable by user of knife Ext.P-7 as shown in Court to this witness. Obviously, his testimony is consistent with and in harmony with the depositions of PW-2 and PW-4 both of whom in their respective depositions have deposed in intra se corroboration qua the factum of knife Ext.P-7 shown to them in Court being the one which was carried by accused Monti and its having been used by him for delivering blows on the person of each of the injured and deceased Sanjay Kumar. Consequently, for reiteration, MLCs Ext.PW-7/C, Ext.PW-7/D, Ext.PW-7/E are in tandem with and in harmony with the ocular version qua the incident rendered by PW-1, PW-2 and PW-4. Preeminently, the recovery of knife Ext.P-7 under recovery memo Ext. PW-3/D preceded by a disclosure statement of accused comprised in Ext.PW-3/B stands proved by the un-shattered testimony rendered by PW-3. Consequently, the recovery of knife attains vigorous conclusiveness besides its efficacy or probative worth stands un-denuded. As a corollary, it hence fortifyingly establishes the guilt of accused Harinder alias Monti. 19. In aftermath there is mutually inter connectivity qua the ocular version qua the incident, medical evidence besides the recovery of weapon of offence Ext.P-7 under memo Ext.PW-3/B. Hence, the firm inter connectivity or harmony interse the ocular version qua the incident, medical evidence and the efficacious and untainted recovery of knife at the instance of the accused Monti, unflinchingly proves the guilt of the accused Monti in the commission of the offences for which he stood charged, tried and convicted by the learned trial Court. 20. For reiteration, deceased Sanjay has been deposed by PW-2 in his examination in chief to have been delivered two blows with knife by accused Monti. The deposition of PW-2 underscoring the aforesaid incriminatory role to accused Monti has come to be corroborated by the deposition of PW-3. 20. For reiteration, deceased Sanjay has been deposed by PW-2 in his examination in chief to have been delivered two blows with knife by accused Monti. The deposition of PW-2 underscoring the aforesaid incriminatory role to accused Monti has come to be corroborated by the deposition of PW-3. Both the aforesaid are eye witnesses to the occurrence and their testimonies in attributing an incriminatory role to accused Monti inasmuch as his having struck blows with knife on Sanju which sequelled his demise, when have remained un-shattered during the course of their respective cross-examinations by the learned defence counsel, in sequel, they acquire an aura of truth. 21. The learned trial Court has rendered findings of acquittal qua accused Mohit Sharma, Abhishek and Pawan Kumar. The prosecution witnesses PW-1 and PW-4 have denied the presence of the aforesaid accused at the site of occurrence. Even though the injured PW-2 has named Abhishek to be present at the site of occurrence nonetheless he has denied his participation in the scuffle or his having caused injuries upon him or upon any other eye witnesses, besides the deceased. Moreover, the injured witnesses have specifically denied the factum of accused Mohit Sharma, Abhishek and Pawan Kumar being members of the unlawful assembly or theirs having perpetrated an assault on the person of the injured persons as well as on the deceased. Consequently, with their being firm evidence qua the factum of accused Mohit Sharma, Abhishek and Pawan Kumar having not formed any unlawful assembly alongwith accused Monti, necessarily then the disimputation of an incriminatory role to them by the learned trial Court with accused Monti, the principal accused or the principal in the first degree, inasmuch as theirs having formed an unlawful assembly alongwith Monti cannot suffer reversal by this Court. Reinforcingly, there being also no firm and formidable evidence qua the aforesaid accused qua whom findings of acquittal have been rendered by the learned trial Court, while theirs purportedly joining the company of accused Monti theirs having the knowledge qua his carrying a knife with which he struck blows on the person of deceased Sanjay as well as on the injured, fosters an apt conclusion that the acquitted accused Mohit Sharma, Abhishek and Pawan Kumar were merely bystanders and had not shared with accused Monti, his intention of perpetrating an assault on the person of injured PWs or a lethal attack on the deceased, besides, were wholly unaware of the aforesaid discreet object carried in the mind of accused Monti @ Harinder. 22. The learned trial Court has appreciated the evidence in a balanced and fair manner and the findings recorded by the learned trial Court hence do not merit any interference, in sequel, both the appeals are dismissed. In aftermath, the conviction and sentence imposed upon accused/appellant Harinder @ Monti under Sections 302, 307, 324 and 201 of the IPC and under Section 27(1) of the Arms Act is maintained and affirmed besides his acquittal under Sections 147, 148, 149 IPC is too maintained and affirmed. Moreover, the findings of acquittal qua accused Mohit Sharma, Abhishek and Pawan Kumar are also maintained and affirmed. Records of the learned trial Court be sent back forthwith.