RULDU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was convicted for the offence under section 304, Part-I, Indian Penal Code, and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.1000/- and in default of payment of fine to undergo furl her rigorous imprisonment for six month, for causing the death of Parshan Singh, by the learned Sessions Judge, Sangrur, vide his judgment and order dated 13th June, 1983. Nand Lal, his father and Kartar Kaur, his mother, were given the benefit of doubt and acquitted. He has challenged his conviction and sentence by way of this appeal. The prosecution case as set up at the trial was that on 18th January, 1982. Sukhdev Singh P.W.3, Hardev Singh P. W. 4 and Darshan Singh (since deceased) and other relations had gone to the bus-stand to see off the sisters of Sukhdev Singh. After seeing them Sukhdev Singh P.W 3, Hardev Singh P. W. 4 and Darshan Singh deceased came back to the house of Sukhdev Singh at about

(2.) 30/3 p. m. Immediately thereafter, Darshan Singh deceased left for his house and when he reached near the house of Madan Patwari, Kartar Kaur armed with a Khapra and Nand Lal, armed with a takua (acquitted accused) and Ruldu appellant armed with a Kirpan came from the side of their house. Kartar Kaur first caused a Khapra injury on the back side of the head of Darshan Singh1. Thereafter Nand lal gave a takua injury on the back of the deceased. Ruldu appellant then caused a Kirpan injury on the left side of the neck of Darshan Singh deceased. On receipt of these injuries, the deceased fell down. When he lay fallen, Ruldu appellant gave 2/3 Kirpan injuries to him which landed on the left side of the neck of Darshan Singh. Kartar Kaur then caused another Khapra injury on the left side of jaw of the deceased. Nand lal also caused a takua injury on the shoulder of the deceased. The afore-mentioned two witnesses raised an alarm and tried to rescue the deceased. There upon Ruldu appellant caused two more Kirpan injuries on the left elbow of Sukhdev Singh P.W.3, and Nand Lal caused an injury on the fingers of hands of Sukhdev Singh P.W. 2 using the reverse side of his takua. The witnessed also caused injuries to the accused persons while they were venturing to rescue the deceased. After causing the injuries: the accused persons decamped with their respective weapons.

(3.) Darshan Singh succumbed the injuries at the spot. Autopsy on his body was conducted by Dr. Maghar Singh P. W. 2 who found five injuries thereon. According to the said doctor, the injuries were ante-morten in nature and were sufficient to cause death in the ordinary course of nature.