LAWS(P&H)-1994-3-87

HARDIT SINGH Vs. STATE OF PUNJAB

Decided On March 02, 1994
HARDIT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS appeal is directed against the order of Additional Sessions Judge, Barnala dated 11th of September, 1992, whereby, Hardit Singh appellant was convicted under Section 302 of the Indian Penal Code and Karnail Singh appellant was convicted under Section 302 read with Section 34 of the Indian Penal Code for intentionally causing death of Bahadur Singh in furtherance of their common intention and each of them was sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- each. In default of payment of fine each one of them was sentenced to undergo further rigorous imprisonment for one year. Karnail Singh appellant was further convicted under Section 323 of the Indian Penal Code whereas Hardit Singh- appellant was also convicted under Section 323 read with Section 34 of the Indian Penal Code and each one of them was sentenced to undergo imprisonment for six months. Both the substantive sentences of imprisonment were ordered to run concurrently. Darbara Singh co-accused of the appellants was, however, acquitted.

(2.) AGGRIEVED against the order of their conviction and sentence passed by the learned trial Court, Hardit Singh and Karnail Singh have filed the present appeal whereas Nirmal Singh first informant has filed Criminal Revision No. 726 of 1992 concerning acquittal of Darbara Singh co-accused of the appellants and for enhancement of sentence awarded to Hardit Singh and Karnail Singh appellants. This revision petition was merely ordered to be heard along with this criminal appeal. Since common questions of law and fact are involved, both the Criminal Appeal and the Revision Petition shall be disposed of by one order.

(3.) POST -mortem examination on the dead body of Bahadur Singh was conducted by Dr. Ashok Kumar Bansal, on the next morning of the occurrence at 9.15 a.m. which revealed a lacerated wound with inverted margins measuring 5.5 cm x 5.5 cm over the anterior aspect of left side of chest in the nipple line 8 cm below the left nipple and 6 cm from the mid-line. Omentum had come out of the wound, blackening of the wound margins was present. There were 10 small wounds with lacerated and inverted margins each measuring 2 mm x 2mm in an area of 4 cm x 2 cm adjoining the left inferolateral border of the main wound as well as the 10 small wounds communicated with the paritonial cavity. On dissection 8th, 9th and 10th ribs of left side had been fractured into pieces at the level of the said injury. Peritonial cavity was full of blood. Spleen was ruptured. Left kidney was also lacerated at many places. There were multiple tears of the transverse and dissending colon and small gut. Messenteric vessels were damaged. Pyloric end of the stomach had multiple tears. There was a big haematoma in the parinephric area of left side. One piece of card and 11 pellets were recovered from the peritonial cavity during dissection. Death in the opinion of the said doctor was due to shock and haemorrhage as a result of injuries to the spleen kidney, messenteric vessels and stomach which were sufficient to cause death in the ordinary course of nature. In the opinion of the doctor, these injuries were ante-mortem and result of a fire arm.