(1.) THE present appeal has been preferred by Balbir son of Hari Ram, who was nominated as an accused in case FIR No. 52 dated 7.4.2000, registered at Police Station Barwala, under Section 304 IPC. The Appellant was convicted for the offence under Section 304 Part -II IPC by the Court of Additional Sessions Judge, Hisar, vide its judgment dated 23.11.2002 and vide a separate order dated 25.11.2002 he was sentenced to undergo rigorous imprisonment for a period of four years.
(2.) IN the present case, the occurrence had taken place on 4.4.2000 at about 9.30 P.M. As per the prosecution case, the Appellant has given a push to deceased Dal Singh due to which he fell upon the bricks and suffered a fracture of femur. Having suffered the injury Dal Singh remained present in the house for the whole night and in the morning on 7.4.2000 at about 10.15 A.M. he was medico legally examined at Civil Hospital, Barwala. The Medical Officer had sent a ruqa Ex.PB to the Station House Officer, Police Station, Barwala upon which PW.8 Kanshi Ram, Head Constable, had recorded the statement of deceased Dal Singh, which now has been treated as a Dying Declaration. The statement of Dal Singh Ex.PH/2 was recorded in Daily Diary Register vide report No. 29. The statement made by deceased Dal Singh when translated into English reads as under:
(3.) AS per the medical examination which was conducted on 5.4.2000 at about 10.15 A.M. by PW.1 Dr. Paramjit, the patient Dal Singh had complained the pain on his right hip joint and he was not able to move his leg. The doctor had found defused swelling present around the hip joint and had advised x -ray of pelvis and opinion of Orthopedic Surgeon. Furthermore, this witness has referred the patient to General Hospital, Hisar, for further treatment.