STATE OF PUNJAB Vs. KIKKAR SINGH

JUDGEMENT

(1.) STATE of Punjab has filed the present appeal and it has been directed against the judgment dated 3.2.1990, passed by the Court of Sessions Judge, Faridkot, who acquitted Shri Kikkar Singh son of Shri Gurdial Singh, an old man of 77 years, resident of village Bishnandi of the charge under Section 302 of the Indian Penal Code.

(2.) THE brief facts of the case are that on 1.1.1989, Amarjit Kaur deceased along with her husband Kala Singh and other members of the family, including Kikkar Singh accused, were plucking Narma in the field of one Mohinder Singh son of Kalu Singh. Accused Kikkar Singh picked up a quarrel with the deceased Smt. Amarjit Kaur. Thereafter, accused and the deceased returned to their houses in the evening. At about 9.30 P.M. it is the story of the prosecution that when Smt. Amarjit Kaur deceased ws standing in the street, accused Kikkar Singh appeared there and he started abusing the family members of the deceased upon which the deceased asked the accused not to do so. In the meanwhile, the wife of the accused also came there. At that time Kikkar Singh accused was holding a Gandasa in his hand. He gave one Gandasa blow on the head of the deceased who raised alarm which attracted Shri Mohinder Singh PW, who intervened and rescued the deceased from the clutches of the accused. It is also the story of the prosecution that the deceased sustained injuries on the left wrist and fingers. Amarjit Kaur was taken to the hospital. The police was informed. The Investigating Officer came there and he recorded the statement of Smt. Amarjit Kaur Ex. PM and the same was forwarded to the police-station for the registration of the case on the basis of which formal FIR Ex. PQ was registered. Before recording the statement of Smt. Amarjit Kaur, the Investigating Officer sought the opinion of the doctor vide request Ex. PC and the doctor gave his opinion Ex. PC/1 and declared the patient fit to make a statement on 2.1.1989 at 9.30 A.M. While lying admitted in the hospital, the condition of Smt. Amarjit Kaur had become serious as a result of which she was referred to Medical College, Faridkot for better treatment. Amarjit Kaur expired on 8.1.1989 at 7.00 P.M. as a result of which the offence was changed under Section 302 I.P.C.

(3.) INJURY No. 1 was kept under observation for surgeon opinion and X-ray examination while injuries No. 2 and 3 were declared simple. As per the opinion of the doctor, the weapon used was sharp edged and the duration of the injuries was within 24 hours. Ex. PB is the medico-legal report and Ex. PB/1 is the diagram showing the receipts of the injuries. The doctor also certified on the application Ex. PC that the injured was fit to make the statement. On the basis of his opinion Ex. PC/1, made on Ex. PC, the statement of the injured was recorded.