LEHNA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the order of Additional Sessions Judge, Kurukshetra, dated 30th March, 1989, whereby the present appellant was convicted under Section 304 Part I of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1000/-. In default of payment of fine, he was further order to undergo rigorous imprisonment for two years. Fine, it reaslised, was directed to be paid to the wife of the deceased Fateh Singh.

(2.) IN Brief, facts relevant for the disposal of this appeal are that both the appellant and the deceased of were real brothers and their fields consideration of one killa each adjoin each other. Both of them have their, houses in the fields. The deceased had sold his land to one Dalal Singh but he was cultivating the said land on payment of rent. The appellant and the deceased have a common which had been made irregular by the appellant. The deceased wanted to rectify the dol and that, according to the prosecution was the motive for the occurrence which took place on June 30, at about 10 A. M. The appellant did not permit the deceased to rectify the dol, in spite of latter's insistence. Lehna Singh appellant then went inside his house and returned with a Gandasi. His son Balraj Singh armed with a lathi also accompanied him. On their return appellant gave a Gandasi blow on the head of Fateh Singh, whereas his son and co-accused Balraj Singh gave a lathi blow to the deceased. Thereafter both of them ran away from the spot towards their house. The injured was first taken to Civil Hospital, Pundri and thereafter to Civil Hospital, Kaithal, where he was got admitted. There he was medically examined at 5.45 P. M. on the same day by Dr. D. P. Gupta, who found two injuries on his person the first Uasan incised wound 12.5 cm x 2.5 cm over left, parietal region of skull extending to occipital region. Underlying bone was exposed. Outer table of skull was cut in linear fashion, corresponding to incised wound. Soft reddish scab was also found. Second injury was a swelling and tenderness was present over left zygomatic process.

(3.) ON the following day ASI Karam Singh of Police Station, Pundri, in whose jurisdiction the place of occurrence fell, came to the hospital. Fateh Singh injured was again not fit to make a statement. ASI Karam Singh then recorded the statement of Chanderpati wife of the injured and on its basis formal FIR was registered at 2 P.M. under Section 324/34 IPC. Fateh Singh injured died in the hospital on 16-7-1988 without regaining consciousness. However, on 15-7-1988, the offense was converted to under Section 307/34 IPC on receipt of the opinion of the doctor that injury No. 1 was dangerous to life.