RULDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT has challenged his conviction and sentence awarded by the Additional Sessions Judge, Patiala, vide order dated June 5, 198). Vide impugned judgment, the appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-, or in default of payment of fine to undergo Rigorous Imprisonment for three months under Section 302 of Indian Penal Code. He is also sentenced to undergo Rigorous Imprisonment for three months under Section 323 read with Section 34 of Indian Penal Code. Substantive sentences are to run concurrently. First Information Report lodged by Balwant Singh PW6 reads as :-

(2.) THE cause of death according to the doctor was head injury which was ante mortem and sufficient to cause death in the ordinary course of nature.

(3.) INSPECTOR Ranjit Singh-PW14 visited the spot and found Pohla Ram present by the side of dead body of Mohinder Ram. He prepared inquest report Ex. PE. Dead body was identified by Pohla Ram and Balwant Singh. He lifted blood stained earth from the street in the presence of Hari Singh and Assistant Sub Inspector Dev Raj. Blood stained earth was put into a tin dabbi and was scaled with the seal bearing impression 'RS'. In pursuance to the disclosure statements of Kaka Singh, Ajaib Singh and Rulda Ram. got recovered dangs/Sotis. Constable Madho Singh produced before Inspector Ranjit Singh one scaled parcel containing Blood stained Kamiz, Parna and Kachha removed by Doctor Vinod Kumar Singla from the dead body of Mohinder Ram at the time of post-mortem examination. Tin dabbi containing blood stained earth was sent to the Serologist and Chemical Examiner, who opined vide report Ex. PY that Kamiz and Kachha were stained with human blood. Since the blood had disintegrated on earth, he gave no opinion regarding the origin of blood on earth etc. After investigation, Kaka Singh, Rulda and Ajaib were challaned.