TELU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an appeal brought from the judgment of the learned Sessions Judge, Hamirpur, whereby he has convicted Telu Ram for an offence under Sec. 302, I. P. Code and has sentenced him to imprisonment for life.

(2.) Darshan Singh deceased of village Dhuggi possessed two loudspeakers which he used to hire for marriage occasions. His assistant was Swaran Singh (P.W. 1) and both the deceased and Swaran Singh used to take the loud -speaker sets for playing at the houses of the persons where marriages etc. were performed. Accordingly on 16th June, 1973, sometimes in the afternoon at village Hiran the two loud -speakers belonging to Darshan Singh were being played one at the house of Dhanna Singh whose son Joginder Singh was married a day before and the other at the house of Dilbag Singh. Darshan Singh himself was playing the loudspeaker at the house of Dilbag Singh, while his assistant Swaran Singh was playing the loud -speaker at the house of Dhanna Singh. It is stated that the marriage functions were almost over at the house of Dhanna Singh and at about 2 P.M. he asked Swaran Singh not to play the loud -speaker any further. The said loud -speaker was installed at the roof of Dhanna Singh. So saying, Dhanna Singh went away to the bus -stand of Pabbowal where his son and daughter -in -law were to leave as the marriage function was almost over. After Dhanna Singh left the place, the prosecution case was that Darshan Singh deceased who was playing his loud -speaker at the house of Dilbag Singh came to the roof of Dhanna Singh to ask Swaran Singh as to why he had stopped playing the loud -speaker. At that time, Telu Ram accused whose roof is adjacent to the roof of Dhanna Singh's house, came to Darshan Singh and Swaran Singh, and asked them to play on the loud -speaker which should not have been stopped. Upon that they retorted that their employer had asked them not to play the loud -speaker and so Telu Ram was nobody to command them to continue playing the loud -speaker. Upon that, some abuses were exchanged between them and according to prosecution case, Telu Ram whipped out a spring knife which was struck up in the knot of his "tehmad" and gave two blows, first one on the chin of Darshan Singh which missed its aim and the other one down inside the heart of Darshan Singh which penetrated 4" deep and resulted in instantaneous death of Darshan Singh. Thereafter Telu Ram made good his escape.

(3.) Swaran Singh went to the Police Station, Una, and lodged the F.I.R. (Ex. P.A.) at 7.30 p. M. on that very day. The police reached the spot and the dead body was sent for post -mortem examination which was performed by Dr. R. S. Nanda (P.W. 4) who found one penetrating injury and two bruises on the person of the deceased. The penetrating wound was 3/4 X 1/2 X 4' and perforated through the chest wall. The cut wound of the heart measured 1/2" X 1/8" X One bruise 1/2" X 1/3" was on the lower Jip, while the other one of similar dimension was on the right lower back of the deceased. According to the doctor, the penetrating wound was sufficient in the ordinary course of nature to cause death. He also confirmed that the death was almost instantaneous.