JANA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated September 5, 1983, rendered by the learned Sessions Judge, Faridkot, whereby she convicted and sentenced the appellants as under:

(2.) Puran Singh deceased lost his life and his wife Fattan P. W. 5 received injuries in this unfortunate incident. Fattan P. W. 5 admitted that no attempt was made by them to lodge any report with the police about this occurrence. As a matter of fact, the law was set into motion on the basis of the statement of Jana Ram appellant Exhibit PT recorded at Primary Health Centre, Dada, at 10 a.m. on September 30, 1982 by A.S.I. Joga Singh P.W. 8. On the basis of this statement, formal F.I.R. Exhibit PJ was lodged at Police Station Kot Bhai at 1.10 p.m. on September 30, 1982. The occurrence is said to have taken place at 9 p.m. on September 29, 1982. Jana Ram appellant has given a version that on the fateful day at about 9 p.m. he and his brother, Waryam were returning to their house after taking liquor at the liquor vend. On the way, they had an altercation with each other and also exchanged filthy language. When they reached near the house of Shangara Ram the dispute took a serious turn. On hearing their noise, Kashmir Singh son of Puran Singh appeared on the scene to help Waryam. Kashmir Singh and Waryam were armed with dangs. Sheela wife of Shingara Ram Bazigar also emerged from her house. In the meantime, Waryam Singh gave a dang blow to Jana Ram appellant on his head. Kashmir Singh son of Puran Singh gave a dang blow on his arm, which was fractured. As a result of these injuries, Jana Ram fell down and raised raula Mar ditta, Mar ditto! Puran Singh deceased and Fattan P.W. 5 had also come to the assistance of Waryam and they also received injuries in the course of this incident. Pallo wife of Jana Ram appellant came there. She attended to him and removed him to Primary Health Centre, Dada.

(3.) Puran Singh deceased and Fattan P.W. 5 also went to the aforesaid Primary Health Centre. The parties were examined by Dr. A.S. Azad, P.W.1. He examined Puran deceased at II p.m. on September 29, 1982, and found the following injuries on his person: