RAVINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been been directed against the judgment and order dated 11.3.1987 passed by the Court of Sessions Judge, Jalandhar, who convicted the appellant Shri Ravinder Kumar under Section 304 Part II of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 2000/-. In default of payment of fine, the appellant was directed to undergo rigorous imprisonment for one year. It may be mentioned here that alongwith Ravinder Kumar his brother Surinder Kumar was also charge-sheeted for the offence but vide said judgment the said Surinder Kumar has since been acquitted.

(2.) THE F.I.R. in this case was registered on the statement of Shanti Devi widow of the deceased. She appeared as prosecution witness in the trial Court and according to her version, her husband Sham Lal deceased had two sons by the name of Surinder Kumar and Joginder Pal PWs. Appellant Ravinder Kumar and his brother Surinder Kumar (since acquitted) used to reside in the same Mohalla. On 11.9.1986 at about 8.00 P.M. Ravinder Kumar appellant and Surinder Kumar son of the complainant quarrelled with each other and they exchanged abuses. The matter was, however, compromised on the intervention of the respectables of the Mohalla. On 12.9.1996 at about 6.45 P.M. Surinder Kumar PW came out from the house and he started proceeding towards the fields in response to the call of nature. She heard raula 'Mar Ditta, Mar Ditta' and thereupon she and her husband Sham Lal came from the house and left towards the place from which side the alarm came. When the complainant and her husband had hardly gone to a distance of 10/12 yards from their house, they saw Ravinder Kumar appellant, his brother Surinder Kumar and PW Surinder Kumar son of Shanti Devi grappling with each other. The accused had actually caught hold of Surinder Kumar from his arms. Her husband Sham Lal went forward in order to separate the accused and Surinder Kumar PW. However, at that time Ravinder Kumar, appellant, picked up a brick and gave a blow with the same on the head of Sham Lal. Then Surinder Kumar (since acquitted) hurled some small brick-bats hitting Sham Lal in his flanks. As a result of these injuries, Sham Lal fell down on the ground. Shanti and her son Surinder Kumar PW raised alarm hearing which Ravinder Kumar appellant and his brother Surinder Kumar ran away from the place of occurrence. Thereafter Shanti Devi, her sons Surinder Kumar and Joginder Pal who also reached at the spot removed the injured Sham Lal to Civil Hospital, Jalandhar in a rickshaw and got him admitted there. The complainant also went to the hospital. Resultantly, she made her statement Ex.PF/3-4 which was read over and explained to her and she thumb-marked the same in token of correctness of the same. Sham Lal ultimately died as a result of the injury in the hospital on 13.9.1986.

(3.) DOCTOR Santokh Singh (PW.1) firstly medically examined Shri Sham Lal on 12.9.1986 at 7.45 A.M. At that time pulse rate of the deceased was 66 per minute and his blood pressure was 100/70 mm Hg. The patient was semi- conscious. This Doctor found the following injuries on the person of Sham Lal :-