TASVIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) - Tasvir Singh, accused-appellant, assails through this appeal the judgment dated July 7, 1986 of the learnt Additional Sessions Judge (11), Rohtak, convicting him under Section 449, Indian Penal Code, and sentencing him to undergo rigorous imprisonment for ten years and fine of Rs. 200/or in default of payment of fine, to undergo further rigorous imprisonment for six months and convicting him under section 302, Indian Penal Code, and sentencing him - to undergo rigorous imprisonment for life and to pay fine of Rs. 200/- or in default of payment of fine, to further undergo rigorous imprisonment for six months. Both the sentences were ordered to run concurrently.

(2.) The prosecution case, in brief, is that on March 2, 1985, Ravinder Kumar (P.W. 9) and his mother Smt. Shanti (P. W. 10) returned from the Bazar to their house No. 14-J, Medical College Hospital Colony, Rohtak after having made purchases in relation to Sidha for Smt. Nirmela, sister of Ravinder Kumar PW. On the way, they had noticed some persons standing outside the quarter of Indraj. They learned that a quarrel had taken place between Indraj and Tasvir Singh, accusedappellant. Banarsi Dass (decased of this case) was present in Quarter No. 14-J above-mentioned, when Ravinder Kumar and Smt. Shanti, PW5, reached there. The witnesses displayed the articles of Sidha purchased by them. Banarsi Dass inspected these articles and was satisfied. He told the witnesses that they should keep the articles aside. Smt. Shanti PW got herself busy in the household chores. Electric light was on at that time. Tasvir Singh, accused appellant, came there. He had a TChhuri (knife) in his hand. He lives in a quarter across the road. The accused-appellant shouted that T1Banarsi Tere Bhaiyon Ne Mere Bap Ka Katal Kiya Tha and so saying he gave a blow with Chhuri on the chest of Banarsi Dass. The latter caught hold of the accused-appellant by the long hair. Ravinder Kumar and Smt. Shanti. PW, rushed forward to rescue Banarsi Dass. However, in the meantime, Tasvir Singh, accused-appellant, gave another blow with the Chhuri to Banarsi Dass, which hit him in the abdomen. Tasvir -Singh had also threatened the prosecution witnesses. He left the place with his Chhuri. The two prosecution witnesses started taking care of Banarsi Dass. Banarsi Dass, however, expired at the spot. Leaving behind Smt. Shanti PW, Ravinder Kumar PW came to Police Station, Civil Lines, Rohtak and lodged the First Information Report, Ex. PR at 8- 30 P.M. The police accompanied him to the spot and commenced investigation.

(3.) Dr. D.K. Sharma, Medical Officer, Civil Hospital, Rohtak (PW. 1) conducted autopsy on the dead body of Banarsi Dass and noticed the following injuries: (1) There was an incised wound 3 X 1 cms, 2 cms away from the mid-line and 12 cms below the right clavicla on the right chest wall. (2) Incised wound of 3 cm x 4 cms with clotted blood, skin deep on the chest, near the xiphoid process, 3 cms from the mid-line on the right side. After opening the subcutaneous muscle and transversing tissues were cut with wound in the right lung. The right pulmonary vessels were cut. The wound was 4 X 3 X 5 cms deep with laceration of the plaurae and the other tissues of the way. The right side rib No. second and third were fractured. Both the chambers of the heart were empty. The doctor opined that the death was due to shock and haemorrhage and as a result of the injuries described above, which was sufficient to cause death in the ordinary course of nature. He further gave the opinion that the time that lapsed between the injuries and death was a few minutes.