HARDIAL CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an unfortunate case wherein a children's quarrel led to the death of one of them at the hands of the father of the other.

(2.) THE facts of this case as disclosed in the First Information Report are that Sucha Ram P.W. 3 was having a stroll outside his house at about 4.30 P.M. on Sunday the 24th November, 1991 in village Dosanj Khurd. When he reached near the Haveli of Som Nath, he noticed that Sain Dass deceased aged about 18 years and Rakesh Kumar son of Hardial Chand appellant were quarrelling with each other in the street in front of the Haveli. In the course of this altercation, Sain Dass gave a slap on the face of Rakesh Kumar in the presence of Hardial Chand appellant, who was standing near his house. I Hardial Chand in a fit of anger picked up a piece of wood, rushed to the spot and the left side of his head and on receiving the same, Sain Dass fell down on the ground. This incident was also witnesses by Nasib Kaur (P.W.4), the aunt of Sain Dass, who had come to village Dosanj Khurd to meet her relatives. After causing the injury the appellant ran away. Sain Dass was thereafter taken to his house by Sucha Ram and Nasib Kaur and as the injury appeared to be a minor one, Dr. Bhupinder Singh a Registered Medical Practitioner, was called upon to dress the injuries. The parents of the injured, were however away from the village and before taking any further action, the family members decided to await their return. During the night however at about 11 P.M. Sain Dass expired. Som Nath, father of the deceased, returned to his house at about 8 A.M. on 25th November, 1991 and taking Sucha Ram P.W. 3 with him, proceeded to lodge the report. When they reached near the railway level crossing in the area of Mukandpur, they met Sub -Inspector Avtar Singh, who recorded the statement of Sucha Ram Ex. PD at 9.35 A.M., on the basis of which the formal F.I.R. Ex. PD/2 was recorded at 9.45 A.M by A.S.I. Ram Lubhaya at Police Station Banga. A.S.I. Avtar Singh thereafter accompanied by various other police officials as also Sucha Ram and Som Nath came to the house of the deceased in connection with the investigation. The appellant was arrested on December 6, 1991 and on the basis of his disclosure statement, he got recovered the weapon of offence Ex. Pl. After completion of the investigation, the report under Section 173, Cr.P.C. was filed and on the accused having denied his involvement, the trial was duly held

(3.) IN support of its case, the prosecution examined Dr. Baldev Singh Dehal (PW. 1) who had conducted the post -mortem examination on the dead body of Sain Dass and had found the following injuries on his person: 1. A lacerated wound present on the left side of skull in the front parietal region. It was 3" x 1/2 and bone deep. It was longitudinal in direction. Its interior end was 3 1/2" above and lateral to the nasion and its posterior end was 4" from the external occipital protuverance. It was 1" and 1/4" above the upper border of left pinna. The deeper dissection revealed that extra -dural blood clot was present on the frontal, parietal and the temporal regions of the brain. The middle meningial artery alongwith concomitant veins were torn. The clot was 3 mm thick, the underlying brain matter was oedematus. Pleurae, larynx and trachea, both the lungs and were pale. Heart was empty, Abdomenpartineum, mouth, pharynx and Oesophagus -pale. Stomach contained 4 ozs of semi -digested fluid. Small intestines. contained gas and chyme. The doctor also found that the cause of death was due to compression of brain tissue due to extra aural haematromma and this injury was sufficient to cause death in the ordinary course of nature. The eye -witness account of the incident was rendered by Sucha Ram P.W. 3 and Nasib Kaur P.W. 4 who deposed almost in line with the details given in the First Information Report. When examined under Section 313 Cr.P.C. the accused denied his liability and pleaded that he had been involved on account of his strained relations with Sucha Run P.W. The trial Court found that the case against the accused -appellant stood proved and accordingly convicted and sentenced him under Section 302, I.P.C. to imprisonment for life and to pay a fine of Rs. 5,000/ -; in default of payment thereof, to R.I. for one year.