Gurnam Singh, J. -
(1.) KAUR Singh, Appellant, was convicted by the learned Sessions Judge of Bhatinda under Section 304(ii), Penal Code and given a sentence of five years' rigorous imprisonment. He was challaned along with Partap Singh, Hazura Singh, Ajmer Singh and Inder Singh for the murder of Puran Singh. Inder Singh accused died during the pendency of the trial. The other co -accused Partap Singh, Hazura Singh and Ajmer Singh were also convicted but they have not preferred any appeal. It is only Kaur Singh, the present Appellant who has come upon appeal to this Court.
(2.) THE allegations of the prosecution are that on 31 -3 -49/19 -12 -2005 at about 7 or 8 A.M. when Jagar Singh P.W. 1 was returning from the fields after easing himself, he met Kahla Singh on the way under the neem tree. There was altercation between Kahla Singh and Jagar Singh P.Ws. in connection with the previous incident which happened on the preceding night. Both Kahla Singh and Jagar Singh P.Ws. shouted for help. On hearing Jagar Singh P.W., Puran Singh deceased, and Chand Singh P.W. came armed with danga to the spot where Kahla Singh and Jagar Singh were altercating. On the other side on hearing shout of Kahla Singh, came the present Appellant along with Partap Singh, Hazura Singh, Ajmer Singh and Inder Singh (now dead). Out of them, Hazura Singh and Ajmer Singh were armed with dangs, Partap Singh and Kaur Singh Appellant had spears. About Inder Singh, the deceased accused, there is conflict of evidence. Some witnesses say that he had a dang. The Ors. state that he was empty handed. On reaching there, Hazura Singh, the co -accused of the Appellant, inflicted a lathi -blow on the head of Jagar Singh, on the receipt of which the latter fell down. Then Partap Singh, Anr. co -accused, speared Jagar Singh P.W. in the right thigh. Puran Singh deceased at this stage intervened to save his brother Jagar Singh. Kaur Singh, the Appellant, then struck him with his spear into his right chest, Ajmer Singh, Anr. co -accused, hit the deceased with a lathi which fell on his right cheek. This was after the accused (deceased?) had fallen down. Partap Singh, Anr. co -accused, then struck a spear blow on the right chest of the deceased. The occurrence was witnessed by Hakam Singh P.W. 6, Isher Singh P.W. 7 and Chand Singh P.W. 10 in addition to Jagar Singh P.W. 1. After this the culprits left the spot and ran away. Puran Singh, in an injured condition was removed to his house by Hakam Singh, Isher Singh, Chand Singh and Jagar Singh P.Ws. Half an hour later, Puran Singh died. After this Munshi Singh lambardar of the village was informed about this incident by Chand Singh P.W. and one Sarwan Singh. On getting this information, Munshi Singh went to the house of the deceased. Then this Munshi Singh, one Nand Singh P.W. and some members of the Home Guard went in pursuit of the culprits and actually succeeded in arresting Kaur Singh, Appellant, Partap Singh and Inder Singh. This arrest was effected on the same before noon. At the time of arrest of Inder Singh he was found in an injured condition. Neither the lambardars of the village, nor anybody else including the complainant, went to the police station to make the report about this incident. Inder Singh, S.H.O. of Police Station Sardulgarh, happened to visit the village of the parties same evening at about 5 P.M. He is alleged to be on patrol duty. It was then that Jagar Singh P.W. 1 made a statement to him which is the F.I.R. in this case. After recording his statement, the Sub -Inspector sent it to Police Station Sirdulgarh situate at a distance of 7 miles from the spot. The case was registered there on the basis of this statement at 8 -30 P.M. on the same day. Jagar Singh states that he did not go to lodge the report out of fear of the culprits. The Sub -Inspector started his investigation. He prepared an inquest report and sent the dead body of Puran Singh to Mansa Hospital for the purposes of post -mortem examination. He then visited the house of Inder Singh accused and found him injured. The Investigating Officer prepared his injury statement. Jagar Singh P.W. 1 had also injuries on his person. Both Inder Singh accused (deceased) and Jagar Singh were medically examined at the instance of the police. The Sub -Inspector formally arrested Partap Singh, Kaur Singh and Inder Singh accused in the village on the same day, but he could not trace Ajmer Singh and Hazura Singh accused. Partap Singh accused had produced spear and Kaur Singh Appellant had produced a broken dang before the police. They are Exs. P -1 and P -2 respectively. The Investigating Officer recorded the statements of wit -nesses and also inspected the spot. On 1 -4 -1949, Dr. Bhagwant Singh M.B.B.S., Medical Officer Mansa, held the post mortem examination on the body of Puran Singh deceased. He found the following injuries on his person: (1) Abrasion 1 x 3/4" on the right cheek, (2) Stab contused wound 1/2" x 1/2" going forward and inward on outer aspect of right chest upper part. (3) Out wound 2" x 1/8" into skin deep across upper part of chest in middle.
(3.) INJURY No. 1 was the result of a blunt weapon, No. 2 was the result of a sharp pointed weapon and No. 3 was caused by a sharp edged weapon. In the opinion of the doctor, death was due to haemorrhage and shock due to perforated injury of right lung by a blunt weapon. Injury No. 3, as opined his, the doctor, was sufficient in the ordinary course of nature to cause death.;