STATE Vs. SANTA SINGH AND ANOTHER

JUDGEMENT

(1.) This is an appeal filed by the State of Punjab against the judgment dated 16.12.1998 of the Sessions Judge, Ferozepur whereby he acquitted the accused/respondents.

(2.) The case of the prosecution is that on 2.3.1997 at 10.45 p.m. Ishar Kaur heard a noise in the street. She came out of her house. Accused Santa Singh was armed with a Dang and accused Banta Singh was standing there. Banta Singh raised a lalkara asking her, as to where her husband Sardara Singh was. On hearing the shout, Sardara Singh came out. On seeing Sardara Singh, accused Banta Singh raised a lalkara that he should be taught a lesson for rebuking them while standing outside their house. Santa Singh thereafter gave a Dang blow on the forehead of Ishar Kaur. She fell down. Then accused Banta Singh gave fist blows on her right eye. Kartar Singh was attracted to the spot and the accused fled away. Ishar Kaur was removed to Civil Hospital, Fazilka where she was medicolegally examined. SI Prem Kumar recorded her statement Ex.P11 and a case under Sections 323/34 Indian Penal Code was registered. On 4.3.1997, Ishar Kaur was referred to Sri Guru Gobind Singh Medical College and Hospital, Faridkot. She succumbed to her injuries on 5.3.1997. The case was then registered under Sections 304/324/34 Indian Penal Code.

(3.) The prosecution to prove its case, brought into the witness-box Dr. Ajay Kumar PW-1, Mathra Dass Draftsman PW-2, Dr. R.K. Goria PW-3, Ganpat Rai Verma PW-4, HC Bhagwan Singh PW-5, HC Bhola Singh PW-6 and SI Prem Kumar PW-7.