KRUSHNA SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant stands convicted under Section 302, Indian Penal Code and has been sentenced thereunder to undergo rigorous imprisonment for life.

(2.) THE prosecution case, in short, is that on the afternoon of 17th February, 1966, Purna Ram (P.W. 13) the appellant, accused Kangali Ram, and one Jogi Ram played cards for sometime and thereafter went to a liquor shop and all of them took liquor there. After drinking liquor when P.W. 13, the appellant, and Kangali Ram were returning on the village road and were in front of the house of P.Ws. 5 and 6, Purna Ram (P.W. 13) demanded from the said Kangali Ram his 8 annas which he had paid in excess for the price of liquor consumed by all of them. Thereupon, both the accused Kangali Ram and Krushna Singh the appellant, pressed P.W. 13 down on the ground, and when P.W. 13 raised a hulla P.Ws. 11 and 12 immediately came to the spot. Accused Kangali Ram then gave a fist blow on the nose of P.W. 13 at that place as a result of which blood came out through P.W. 13's nose. P.Ws. 11 and 12 separated them and thereafter accused Kangali left that place. In the meantime, Krushna Ram the deceased, father of P.W. 13, arrived at the spot and when he was wiping out the blood on the face of P.W. 13 and enquired about the incident, accused -appellant Krushna Singh came with the bahangi, M.O. I, and with the same dealt a blow near about the left ear of P.W. 13's father, as a result of which he fell down on the ground with a bleeding injury and became unconscious. P.W. 11 brought a cot from the house of P.W. 12 and they all removed the injured to P.W. 12's house. The injured died soon thereafter. P.W. 13 lodged the F.I.R. at the police station on the next day. After investigation and commitment proceeding the appellant stood his trial for a charge under Section 302, Indian Penal Code and the other accused Kangali Ram was charged under Section 323, Indian Penal Code and both were convicted of their respective charges. The accused Kangali Ram as it appears, did not appeal against his conviction under Section 323, Indian Penal Code. We are, therefore, not concerned with his case.

(3.) THE Assistant Surgeon attached to the Baripada Hospital who conducted the post mortem examination on the dead body of Krushna Ram at 8 a.m. on 19th February, 1966 found the following external injuries :