RAM SARAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was convicted of the charge under Section 302, Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and fine of Rs. 200/ -, in default of payment of fine to undergo further rigorous imprisonment for three months.

(2.) THE appellant was running a Dhaba (road -side hotel). On 11.3.1992 at about 9.45 p.m. to 10 p.m., deceased Raja entered the said hotel and placed orders for serving him meals. The appellant refused to serve him meals. That gave rise to exchange of hot words and scuffle ensued between the two. In the course of scuffle, the accused -appellant took up a knife that was lying on the counter, and gave blows to Raja. As a result of@hn blows, Raja sustained injuries to his head, chest and arms. The witnesses then rushed to the spot and rescued Raja from appellant Ram Saran. The incident was witnessed by P.W. 3 Gurbachan Singh and witnesses Babla and Kaku. Gurbachan Singh then informed the father of Raja. Thereupon arrangement was made to remove Raja to Civil Hospital, Ludhiana. Raja breathed his last during that night. Thereupon P.W. 3 Gurbachan Singh gave first information report to the police. That came to be recorded at about 6 a.m. on 12.3.1992. On the basis of that, F.I.R. was registered at 6.15 a.m. The Special Report of the registration of F.I.R. was received by the Additional Chief Judicial Magistrate at 3.30 p.m. on 12.3.192. After the inquest, the dead body of Raja was subjected to autopsy examination. The doctor noticed following injuries on his person -. 1. An incised wound 1 -1/2" x 1/2" bone deep on left parietal region, about 3.3/4" above from the left ear pinnatop, clotted blood was present. 2. Incised wound 1" x 1/2" bone deep on right side of fore -head just above the eye brow on medial end. Horizontally placed. Clotted blood was present.

(3.) INCISED wound 1/2" x 1/3" x7 deep on left Supra -clavicular region in middle -clotted blood was present.