ALLIS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the order dated 30.1.1992 passed by the learned Sessions Judge, Gurdaspur whereby the appellant has been convicted for the offence under Section 304 Part II of the Indian Penal Code (I.P.C. - for short) and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 2000/- and in default of payment of fine, to further undergo rigorous imprisonment for one year. Besides, in case of realisation of fine, the entire amount of fine is to be paid to Smt. Mewi widow of the deceased Rattan Lal (PW-2).

(2.) CASE FIR No. 63 dated 7.4.1990 (Ex.PC/2) was registered at Police Station City Pathankot, District Gurdaspur against the appellant for the offence under Section 304 IPC on the statement (Ex.PC) of Smt. Mewi widow of Rattan Lal (PW-2). It has been stated that her husband Rattan Lal (deceased) was a rickshaw-puller. Some inhabitants of the locality (mohalla) including the complainant were running contributory 'committees' jointly which could be taken by any of the members by making a higher bid for the same. On the day of the occurrence, i.e. on 6.4.1990 at 8.30 p.m. Allis Masih son of Mangat Masih (appellant) came in front of their hut. He was armed with a dang (stick). The appellant asked the husband of the complainant that he had received the amount of the committee so he should arrange to serve liquor for him. The appellant was already drunk. The husband of the complainant refused and replied that he does not take liquor and that he is a poor man and he had not received the amount of the 'committee' so far. Hearing this, the appellant got enraged and attacked the husband of the complainant and gave two dang blows continuously on his head and her husband fell down on the ground with face downwards and received injuries on his mouth, left cheek and right eye. The whole occurrence was witnessed by Charan Singh the elder brother of the complainant's husband and Sahiba son of Suraj Masih their neighbour. They raised a noise which attracted the neighbours and the appellant ran from the spot. They admitted the injured Rattan Lal in the hospital where he died. It was requested that action be taken.

(3.) THE prosecution examined Dr. Avinash Kumar Medical Officer, Civil Hospital, Pathankot (PW-1), the complainant Smt. Mewi (PW-2), Sabha (PW-3) nephew of the deceased. Besides, affidavits of Constable Bhag Singh, MHC Bishan Dass and Constable Dharam Pal were tendered in evidence and were admitted under Section 296 Cr.P.C. and were read as PW-4, PW-5 and PW-6 respectively. The investigating officer ASI Kulwant Rai (PW-7), Draftsman Narjinder Kumar (PW-8) and Dr. R.K. Khanna (PW-9) and Sub Inspector Harbhajan Singh (PW-10) were also examined. Besides, the report of the Chemical Examiner and Serologists Exs. PQ and PR were tendered in evidence and the evidence of the prosecution was closed.