KARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant along with his father Pritam Singh, aged 70 years, were tried for offences punishable under S. 302 and 302 read with S. 34, Indian Penal Code. The trial court taking into consideration the nature of the injuries and the medical evidence convicted only the appellant under Section 304, Part I, Indian Penal Code. and sentenced him to undergo five years' Rigorous Imprisonment and to pay a fine of Rs. 500. 00. The convicted accused preferred an appeal to the High court and the State also preferred an appeal against the order of acquittal of a murder charge. The High court dismissed the appeal filed by the appellant and interfered in the State Appeal and convicted the appellant under Section 302, Indian Penal Code. and sentenced him to undergo imprisonment for life.

(2.) Both the courts after careful examination of the evidence of the eye-witnesses and other circumstances have concurrently held that the appellant caused the injuries to the deceased, Nahar Singh. The learned counsel could not seriously challenge the finding as such. In the alternate his submission is that even if the entire prosecution case is accepted the appellant could be convicted only for an offence of culpable homicide and the High court has wrongly interfered.

(3.) The prosecution case is that on 17-4-78 at about 8.30 p. m. , P. W. 2 and his brother, another witness, were present in their house. They heard an alarm of his brother, Nahar Singh, the deceased, who was being attacked. They rushed to the spot and they saw that the appellant was beating the deceased with the lathi. P. W. 2 and other eye-witness went to the place of occurrence and the accused left the place. The deceased was found to be dead. A report was given to the Police and the case was registered. The inquest was held on the dead body and it was sent for post-mortem. The doctor P. W. 2, who conducted the postmortem found ten injuries. Some of them were abrasions. A lacerated wound was also found on the head but there was no corresponding internal injury. The contusions on the chest and Injuries Nos. 5 to 7 resulted in the fracture of the ribs which caused his death. The doctor in his evidence has admitted that the fracture of the ribs could have in turn caused the rupture of the liver and the spleen. Under these circumstances it is difficult to hold that the appellant intended to cause the injuries to the liver and the spleen which unfortunately proved to be fatal. Having regard to the nature of the weapon used and the parts of the body on which blows were dealt, it is difficult to hold that he intended to cause the death or intended to cause that particular injuries to the liver and the spleen. However, under the circumstances he must be attributed to have the knowledge that by dealing such blows he was likely to cause the death of the deceased in which case the offence is one punishable under Section 304, Part II, Indian Penal Code. In the result the conviction. under Section 302, Indian Penal Code. and the sentence of life imprisonment awarded against the appellant by the High court are set aside. Instead the appellant is convicted U/s. 304, Part II, Indian Penal Code. and sentenced to five years' Rigorous Imprisonment. Subject to above modification the appeal is dismissed.