HAKIM SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against an order of the Sessions Judge, Jammu, by which the appellant has been convicted under Section 302, R. P. C. for causing the death of Prem Singh deceased and sentenced to imprisonment for life. The case la also before us on a reference under Section 374, Criminal P. C, by the Sessions Judge for confirmation of the sentence.

(2.) THE prosecution story, as disclosed by the four eye witnesses, Mst. Te] Kaur, P. W. 4, wife of the appellant, Bhagwan Singh, P. W. 3, Puran Singh, P. W. 4 and Arjan Singh, P. W. 7, is that Bhagwan Singh and Puran Singh, paternal uncles of Mst. Tej Kaur, Arjan Singh. p W 7 and Hari Singh, father of the appellant, 'who were refugees from Maira Khurad, District Muzaf-ifarabad, were allotted land in the village, Karwai at a distance of about 12 miles from Jammu where they had built four small huts known as Kulis which were quite adjacent to one another. The appellant, a youth of 20, had been married to Mst. Tej Kaur for the last three years. Their married life during this period was on the whole normal, though occasionally there were petty quarrels between them. On the evening of. 22-7-1957, the appellant began to abuse his wife Mst. Tej Kaur, because, as stated by her, he and his mother thought that she had cooked rice in excess. At that time it is stated that most of the inmates of the four huts were sitting on their cots in the open compound adjoining their houses. The appellant losing his temper not only hurled abuses at his wife but also at her parents and other relations. Prem Singh deceased, a' first cousin of Tej Kaur, who was sitting on cot in the compound got up and intervened in the quarrel. He remonstrated with the appellant that, while he had every right to reprimand his wife, he should not hurl filthy abuses against her parents and other relations. This gave umbrage to the appellant wha went into his hut and brought out a Balam Or Burchi (spear) Ex. P. 1 from there and, while Prem Singh was arising from his cot to defend himself, pierced his belly with the double-edged blade of the Balam. Prem Singh at once fell down and Bhagwan Singh P, W. 3, Puran Singh P. W. 5 and Arjan Singh, P. W. 7 administered first aid by bandaging the wound with the turban of Bhagwan Singh. They then took him to Prahladpur where they were able to catch hold of a Tonga in which-they took the deceased to the Civil Hospital, Jammu, where he was attended to by Dr. Nirmal Bose, P. W. 2, who finding the case critical at once rang up the Police Station, Saddar, Jammu. The doctor then started preparing saline injection, but in the meanwhile the patient expired. This was at about 3. 30 a. m. on 23-7-1957. In consequence of the telephonic message when Sub-Inspector Punnumal reached the hospital Prem Singh had breathed his last and the Sub-Inspector took down the statement of Bhagwan Singh, P. W. 3, which contains, more or less, the same story as set forth in this paragraph.

(3.) THE post mortem examination of Prem Singh deceased was performed by Dr. Parmanand, Civil Surgeon Jammu, P. W. 1, at the State Hospital on 23-7-1957 at 8 a. m. This examination corroborates the statement of the eye-witnesses that Prem Singh died of an injury to the liver which was the consequence of a wound in the abdominal region of Prem Singh's body and this, according to the doctor, could have been caused by a double-edged sharp-pointed long weapon like the spear Ex. F. 1. The doctor has also testified that the Injury was ante mortem and not self-inflicted. The age of the deceased was 25 years.