PIRTHI S O MANGAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Pirthi Singh son of Mangal son of Surjan aged 60 years, resident of village Hameergarh was found guilty of an offence punishable under S. 304, Part-II of the Indian Penal Code for his having caused bodily injury to Jai Lal with knowledge that such injury was likely to result in his death though without any intention to cause death. He was sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 10,000.00 and in default of payment thereof to further undergo rigorous imprisonment for one year. It was further directed that the whole of the amount of fine on its recovery be paid to heirs of Jai Lal, deceased. Feeling aggrieved against his conviction and sentence, Pirthi has come up in appeal.

(2.) In brief, the facts of this case are that at about 2 p.m. on 2-4-1986, Pirthi came in front of the house of Jai Lal and called him. He came out along with his wife Smt. Phulpati and his daughter Usha. Pirthi appellant asked Jia Lal as to why he had stolen turi from his house but he denied the allegation and stated that he had borrowed the same from his children. On the asking of Pirthi, Jia Lal accompanied him to get the factum of his having borrowed the turi confirmed from his (Pirthi's) children. Phulpati P.W. 4 and Usha P.W. 5 had also accompanied them. They entered the Nohra of Pirthi where he threatened Jia Lal that he would teach him a lesson. Saying so, he kicked him on his testicles as a result whereof Jia Lal fell down. Pirthi gave a second kick blow on the testicles of Jia Lal. In order to save his life Phulpati and Usha, wife and daughter of Jia Lal fell down upon him but in spite thereof Pirthi gave several kick blows more on the scrotum of Jia Lal. Kishan Lal P.W. 10, brother of Jia Lal, arrived at the spot and with his help Phulpati and Usha removed him to their house. A number of persons of the community of Pirthi accused came to the house of Jia Lal and assured his wife that they will get the matter settled. Since they were poor persons, wife of Jia Lal could not pick up enmity with the accused who was a rich person and a Panch of the Gram Panchayat. They were prevented from reporting the matter to the police as also from removing the injured to the hospital till 4-4-1986. Condition of Jia Lal had deteriorated. It was only then that Jia Lal was got admitted in General Hospital, Narwana by Kishan Lal P.W. 10, his brother, and Sham Lal, his nephew. Dr. Subhash Chand Gupta P.W. 6 examined Jia Lal vide Medico Legal Report Ex. PD at 5-45 P.M. on 4-4-1986 in General Hospital, Narwana and found a diffused swelling of the scrotum and penis and skin over the scrotum and penis was found to be blackening and gangrenous. The injury was kept under observation. The doctor opined that the injury was the result of a blunt weapon, within the probable duration of three days. On receipt of ruqa Ex. PC from the hospital with regard to Jia Lal having arrived in an injured condition at 7 p.m. Head Constable Prit Singh reached the hospital, moved application Ex. PC/2 and obtained endorsement in the hand of Dr. Subhash Chand Gupta P.W. 6 to the effect that Jia Lal was not fit to make a statement at 8-35 p.m. on that day. Again on 5-4-1986 Assistant Sub-Inspector Prem Singh P.W. 11 reached the hospital and obtained medical opinion Ex. PH/1 in the hand of Dr. L. N. Garg P.W. 7 that Jia Lal was unconscious and was not fit to make a statement. He had then recorded statement Ex. P.C. of Smt. Phulpati P.W. 4. On the basis of the said statement First Information Report Ex. PB/2 under S. 307, Indian Penal Code, was recorded at 10 a.m. and it was conveyed to the Ilaqa Magistrate vide endorsement Ex. PB/3 at 5 p.m. on the same day. Jia Lal died in General Hospital, Narwana at 2 p.m. on 5-4-1986. Ruqa Ex. PF was sent by Dr. Subhash Chand Gupta PW-6 at 2-50 p.m. Inspector Ved Prakash PW-12 on receipt of the said ruqa converted the offence from one under S. 307 to S. 302 of the Indian Penal Code. Special Report Ex. PN was despatched to the Ilaqa Magistrate. Sub-Inspector Ved Prakash on reaching the hospital prepared inquest report Ex. PK and entrusted the dead body to Head Constable Prit Singh for post-mortem examination.

(3.) Dr. Naveen Sabharwal, PW-8 conducted post-mortem examination on the dead body of Jia Lal on 5-4-1986 and found diffused swelling of scrotum and penis. Two small dimples were present in midline on scrotum. The colour of scrotum was black. On dissection of scrotum, dark foul smelling clotted blood was found present in scrotal cavity. On dissection of penis, dark foul smelling clotted blood was found present under penial skin. Both chambers of heart contained some blood. Stomach was empty. Liver and spleen were congested. Bladder was full of urine. Autopsy Surgeon opined that the death was due to toxemia, because of gangrene which could be the result of injury on the scrotum and was sufficient to cause death in ordinary course of nature.