JASWANT @ PANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JASWANT Rana the sole appellant herein alongwith his co - accused Tarsem Lai alias Pappu. Kulwant Ram alias Babli, Hans Raj, Ram Chand and Joginder Pal, since acquitted. has filed this appeal against the judgement of conviction and sentence recorded against him by the learned Additional Sessions Judge, Jalandhar holding him guilty under Sections 304 part II of the Indian Penal Code and sentencing him to undergo R.I. for a period of 8 vicars and to pay a fine of Rs. 500/ - and in default thereof to undergo further R.I. for six months vide orders dated 20th December, 1986.

(2.) THE facts leading to death of Mohan Lal as narrated by the prosecution are that Mohan Lal deceased son of Darshan Lal used to ply rickshaw at Nawanshahr. His village was at a distance of one Kilometer from Nawanshahr. Leaving his rickshaw at Nawanshahr, Mohan Lal deceased used to conic in the village in the evening. On 20th June, 1986 at 8.00 P.M. Darshan Lal alongwith his wife Prito was present at his house when he heard noise 'Mar Ditta' 'Mar Ditta' from near the house of Lakha. Darshan Lal and Prito ran towards that side and when they reached near the house of Lakha they saw appellant Jaswant armed with a wooden Bala and abusing Mohan Lal deceased. He gave a Bala blow on the head of Mohan Lal. Hans Raj accused came out of his house and gave a dang blow on the left leg of Mohan Lal, Tarsem Lai alias Pappu and Kulwant Ram alias Babli accused were throwing brick -bats on Mohan lal while standing on the roof of their house. Ram Chand and Joginder Pal accused were also standing near the place of occurrence and were also throwing brick -bats on Mohan Lal. There was electric light near the house of Lakha and the entire occurrence was seen in that light. The accused did not receive any injury at that time. All the accused thereafter ran away. Mohan Lal deceased was taken to the house. The accused did not allow Darshan lal and his son Mohan Lal to go the hospital. It was on the next day at 9.00 A.M. that he was taken to Civil Hospital, Nawanshahr. Mohan Lal succumbed to his injuries in Civil Hospital on 17th July, 1986. It, thus , appears from the facts of the case that the occurrence took place on 20th June, 1986 at 8.00 P.M. and the F.I.R. in the matter came to be recorded on 22nd of June, 1986 at 8.00 A.M. and as mentioned above Mohan Lal died on 17th of July, 1986 i.e. after 28 days of the date of occurrence.

(3.) THE prosecution with a view to bring home the offence against the appellant and his co -accused examined number of witnesses referred to in the impugned judgement passed by the learned Additional Sessions Judge, Jalandhar. There is no need to mention the evidence given by the various prosecution witnesses and suffice it however to mention that the eye -witness account of the occurrence was provided by Darshan Lal father of the deceased, Prito mother of the deceased and santokh Singh brother of the deceased. All these PWs have broadly supported the prosecution version. Appellant Jaswant Singh when examined under Section 313 of the Code of Criminal Procedure stated that the deceased Mohan Lal under the influence of liquor came in front of his house and started causing injuries to his mother Banso and sister Kanta and they also hurled brick -bats at him in defence. Tarsem Lal accused received injuries in the incident when he tried to separate the parties. He was, however, not present at the spot when the occurrence took place. No evidence was led in defence. After resultant trial, as mentioned above, whereas the appellant was convicted, his co -accused were acquitted by giving them the benefit of doubt.