SURAJ MAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - The appellant Suraj Mal who stands convicted under Section 302, TPC and sentenced to imprisonment for life has preferred this criminal appeal challenging the correctness and legality of the judgment rendered by the High Court of Punjab and Haryana in Criminal Appeal No. 1120 of 1977. According to the prosecution the deceased Rajbir was found lying in an injured condition at about 11.45 p.m. on 28-4-77 on the Sangrur-Dhuri Road by PW-5 and PW6, employees of the above said milk centre. PW-6 stayed there and PW-3 proceeded to the city to inform the police but on the way he met two constables near the civil hospital and brought them to the scene spot. As the condition of the injured was very serious, the injured was removed to the civil hospital, Sangrur. In the opinion of the Medical Officer, the injured was in a fit condition to make his statement. The Assistant Sub-lnspector of Police who had already been informed about this incident came to the hospital and recorded the statement of the injured Rajbir under Ex. PL at about 11.25 a.m. in the presence of the Medical Officer. The injured has stated in his statement which serves as a dying declaration in this case that it was his brother Suraj Mal, namely, the appellant herein stabbed him because of a land dispute between them. On the basis of the first information report a case was registered and the investigation proceeded.

(2.) PW-4 the Medical Officer, who examined the injured found only one injury on the person of Rajbir which is described as hereunder:

(3.) The injured was removed to the Rajindra Hospital, Patiala on April 30, 1977 where he succumbed to his injury on the very same day. The postmortem was conducted by PW1 who opined that the said injury was sufficient to cause death in the ordinary course of nature.