BHIM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BHIM Singh, the sole appellant herein, faced trail under Section 302 of Indian Penal Code for causing death of Kuldip Singh and has since been held guilty and sentenced to undergo rigorous imprisonment for life as also to pay fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months vide order of conviction and sentence dated 16/17.10.1996 recorded by learned Additional Sessions Judge, Rohtak. It is against this order that the present appeal has been filed.

(2.) OCCURRENCE leading to death of Kuldip Singh, as per prosecution version, took place on 4.4.1994 at 2/2.30 P.M. in village Jhajjar near Jahazgarh crossing, stated to be 1/2 km. away from the Police Station. FIR, Ex. PF/2, was recorded on 5.4.1994 at 1.00 P.M. on the statement of Rajinder Singh, PW- 7, father of the deceased, and was recorded by SI/SHO Shamsher Singh, PW-11. Special report with regard to the incident reached the concerned Magistrate, Jhajjar, at 2.00 P.M. on the same date.

(3.) THE prosecution examined Dr. Baljit Sangwan, MO, CHC, Jhajjar, as PW-1, who stated that on 4.4.1995, Kuldip Singh was brought in Civil Hospital, Jhajjar. His condition was serious. He was referred to MCH Rohtak and he sent intimation to the police in this aspect vide Ex. PA. Patient was unconscious. He further stated that he had mentioned in Ex. PA that injuries were accidentally received in the workshop as it was so told to him by the person, who had brought him. He had not mentioned the name of the person, who had brought the patient nor did make any enquiry. The patient had not told him anything. Dr. S.P. Chug, who was examined as PW-5, stated that on 4.4.1994, he conducted medico-legal examination of Kuldip Singh. He was unconscious. He found following injuries on his person :-