RATTAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) . Rattan Singh, appellant herein has been held guilty under Section 302 of the Indian Penal Code for having caused injuries on the vital parts of the body of Amar Singh which were sufficient to cause death in ordinary course of nature. Vide separate order of the same date, i.e., April 1, 1995, he has been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 200/- or in default of payment of fine to further undergo R.I. for one year. It is against this order of conviction and sentence that the present appeal has been filed.

(2.) BRIEF facts, as unfolded by Ishar Singh son of the deceased, while lodging the FIR, reveal that on the eventful day, the first informant, i.e., Ishar Singh, who was employed in Public Works Department, was going with his father Amar Singh and one Gurdev Singh son of Nanak Ram. They were going on foot for bringing Groundnut and Reories for the children to celebrate Lohri festival. It was about 6 or 6.15 P.M. when they reached on the road near the cremation ground of village Devigarh, appellant was seen coming from the front side carrying a naked Kirpan in his right hand. He usually remained moving at the bus stand, Devigarh earlier also. On seeing him, his father Amar Singh asked, "Rattan Singh, what is the matter today, you are roaming with a naked Kirpan. Today is the festival." The moment father of first informant talked to the appellant, the latter gave a Kirpan blow towards the head of his father saying that he was going to celebrate his Lohri. The Kirpan blow hit his father on the left side of ear and neck. His father fell down on the ground with his face downwards. He and Gurdev Singh told the appellant that he had committed a wrong and he should not cause any more injuries. In the meantime, when they were so saying, appellant gave another blow on the back of left side of his father. The first informant and Gurdev Singh did not step forward on seeing the naked Kirpan in the hand of the appellant. They, however, raised an alarm and people gathered there. On seeing the gathering, appellant together with Kirpan fled away towards village Rurki. They started taking care of Amar Singh, who was bleeding profusely. The injured was taken in a car to Rajindera Hospital, Patiala along with Sukhpal son of Chamela Ram, Bachna Ram son of Panjaba Ram and the first informant. They got the injured admitted there. After admitting his father in the hospital, when first informant was coming back to his village, A.S.I. Jagroop Singh, PW-6, met him on the Bus Stand, Devigarh, where his statement was recorded. Amar Singh succumbed to his injuries at about midnight on January 13, 1994.

(3.) STOMACH was empty. Small and large intestine were healthy. Liver, spleen and kidneys were healthy. Bladder was also healthy. In the opinion of the doctor, the cause of death was due to haemorrhage and shock resulting from the above injuries which were ante-mortem in nature and injury No. 1 was sufficient to cause death in ordinary course of nature. Probable time that elapsed between injuries and death was 6-7 hours and between death and post mortem within 12-24 hours.