LAWS(HPH)-1976-1-10

NAURANG SINGH Vs. THE STATE

Decided On January 16, 1976
NAURANG SINGH Appellant
V/S
THE STATE Respondents

JUDGEMENT

(1.) NAURANG Singh has been convicted by the Additional Sessions Judge, Solan for a charge under Section 302, I.P. Code, and is sentenced to undergo rigorous imprisonment for life and and to pay a fine of Rs. 5,000/ - out of which Rs. 2,000/ - are to be paid to Ajmer Singh father of the deceased Gobinder Singh.

(2.) AT about 10 A.M. on 12 -9 -1971 Gobinder Singh aged 15 or 16 years was found stumbling out of Neera jungle as he had received a stab wound in his stomach and the same was bleeding profusely. His clothes were extensively besmeared and in that condition he was noticed by Chhitar and Bhangu both of whom were looking after their maize crop in their fields. The boy sought for their assistance and blurted out that he was given a stab blow with a knife, by Naurang Singh who brought him through Neera jungle on their way to get him employment. After stabbing the boy it was also informed that Naurang Singh had removed Rs. 100/ - from his pocket . Gobinder Singh also gave the name of the father of Naurang Singh. He further stated where Naurang Singh was employed. Chhitar and Bhangu secreted the boy upto the road near village Deli where a liquor shop is situate on the Simla -Kalka road. At that place Sunder Lal, Forest Guard, Shakti Ram and Teja Singh also met the boy and the latter gave out the name and description of his assailant to these three witnesses as well. Thereafter one Sohan Lal was found coming with his taxi and a request was made by the boy Gobinder Singh as well as these persons that Gobinder Singh should be taken to Kalka for treatment. Upon interrogation by Sohan Lal, Gobinder Singh again described his assailant. Thereafter accompanied by Chhitar, Gobinder Singh came in that taxi upto Kalka. In the way they stopped at Barotiwala and asked for milk from one Huba Ram who ran a tea -shop. Huba Ram at once recognised the boy as the same who had come to his shop in the early hours on that day and taken tea -alongwith one other person whom he named Nauranga. Thereafter Gobinder Singh was taken to the civil hospital which was found closed as the day was Sunday. He was then attended to by a private practitioner Dr. Malhotra, and this doctor advised that the wound was sufficiently deep and the boy was in danger and must be removed to Chandigarh hospital. Chhitar then brought Gobinder Singh to Chandigarh hospital and got him admitted there at 11.45 A.M. on the same day. He was operated upon by Dr. Jai Dev Vij. As sufficient blood had been lost and the injury was grievous, he fell semi - conscious at about 2 P.M. and thereafter prolonged his life upon 15 -9 -1971 when he died at 9.15 A.M.

(3.) AFTER the death of Gobinder Singh the post mortem examination of his body was conducted by Dr. Inderjit Dewan and he found that the stab wound had cut both liver and right kidney. The size of the cut was 1 -1/2" long and about 5 -1/2" deep. In his opinion the death was due to the injury caused on a vital organ of the body and the said injury was sufficient in the ordinary course of nature to cause death.