KALA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KALA Singh son of Jarnail Singh, aged 22 of village Jodhpur Pakhar, District Bathinda, has been convicted by Shri R.L. Anand, Sessions Judge, Bathinda on 10.8.1992 for an offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and also required to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one year. Aggrieved against it, the present appeal has been attempted.

(2.) BRIEFLY , the story of the prosecution is that at 4 p.m. on 28.11.1990, Kala Singh came to the residential house of Jaswant Singh, who had been working as a cleaner on a truck and there was an altercation between the two as to why Jaswant Singh, his own cousin, objected to his entry into the premises. Kala Singh who was armed with a tamba (stick) gave a blow on the forehead of his cousin Jaswant Singh. This occurrence was seen by Rajinder Singh, the elder brother and also by Hans Raj, the father, who raised an alarm "Dont' kill Don't kill". The aforesaid two witnesses tried to follow Kala Singh, the assailant, but he succeeded in making good his escape along with the tamba. Jaswant Singh became unconscious after having received the aforesaid injury and some arrangement of conveyance was made and Rajinder Singh (PW-2), the elder brother, took him to the Civil Hospital, Maur Mandi. The cause of altercation and this occurrence was that Jaswant Singh disliked the entry of Kala Singh in drunken condition into the premises. At Civil Hospital, Maur Mandi, Shri Tara Singh, Assistant Sub-Inspector, recorded the statement of the complainant and originally a case under Section 308 of the Indian Penal Code was registered. However, Jaswant Singh died at 8.15 a.m. on 29.11.1990 and a 'special report' for offence under section 302 of the Indian Penal Code was delivered to the Ilaqa Magistrate at 1.00 p.m. on 29.11.1990. Shri Tara Singh, Assistant Sub Inspector (PW-4) conducted the inquest proceedings and also inspected the place of occurrence and had earlier recorded the statements of witnesses including Hans Raj (PW-3), the second eye-witness, who is father of the deceased. Shri Joginder Singh, Sub Inspector (PW-5), arrested Kala Singh on 14.2.1990 from Village Bhagi Bardar and as a consequence of his interrogation, the tamba, Exhibit P-1, was recovered at the instance of Kala Singh and recovery memo Exhibit PN was prepared in this regard.

(3.) THE Medical Officer opined that the shock and haemorrhage as a result of aforesaid injury was sufficient to cause death in the ordinary course of nature. The Medical Officer opined that the injury on the person of the deceased could be caused with tamba Exhibit P-1.