RATTAN LAL Vs. STATE OF PUNJAB
HIGH COURT OF PUNJAB AND HARYANA
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Kapur, J. -
(1.) This is an appeal brought by Rattan Lal and Chhanga against their convictions for murder under Section 302, Penal Code, and the sentences of death and transportation for life passed against them respectively by the learned Additional Sessions Judge. The matter is also before us for confirmation of the sentences under Section 374, Criminal P. C.
(2.) Rattan Lal is stated to be a son of the daughter of the uncle of Mst. Bharto P. W. 1 who is' now the widow of the deceased. Chhanga appellant is stated to be a nephew of the deceased Khushi Ram. On the night between the 1st and 2nd July 1953 in village Garauli in Police Station Shahdara Khushi Ram was murdered. The prosecution story is that after he was injured in his neck he came into the house, woke up his wife Mst. Bharto P. W. 1 and on her asking him as to what had happened told her that he had been murdered by Rattan Lal who had inflicted the injury while Chhanga was catching hold of him. The wife raised a hue and cry as a result of which several persons arrived at the place. Of them Dharam Pal P. W. 2 is a son of Khushi Ram and a step-son of Mst. Bharto. Other persons to arrive at the spot were Panwa P. W. 4, Chet Ram P. W. 5 and Charnu P. W. 6. It is stated that they arrived almost simultaneously and that & dying declaration was repeated in their presence to the effect that the murder had been committed by Rattan Lal while Chhanga was catching hold of the deceased. While Mst. Bharto was washing herself outside an a well after easing herself the met the police who arrived there at about 4-30 a.m. (i.e., 2nd July 1952) and she made a statement to them which is the basis of the first information report. The only thing one need mention about this first information report is that after about midnight Khushi Ram is stated to have come running into the house and woke up his' wife. She saw that blood was coming from Khushi Ram's neck. Re fell in front of the kotha and told her that Rattan Lal had killed him. Thereafter the other witnesses also arrived. The notice given in the first report-is that Rattan Lal had borrowed Rs. 207- from the deceased some years ago which he had not returned and he was also demanding another sum, of Rs. 100/- which Khushi Ram and his wife had refused to lend to Rattan Lal. Khushi Ram died-soon after aad a 'post mortem' examination was performed and the following injury was found, on his person;
"An incised wound 2 1/4" x 3/4" in front of the neck, cutting the thyroid cartilage & the oesophagus. The thyroid was so cut that the upper piece was about l/4th and the lower piece was about-3/4th. The wound went through the back wall of the larynx and made a cut in the anterior wall of oesophagus about half an inch long, transverse in direction. The wound in the larynx was below the level of the vocal chords."
(3.) In cross-examination the doctor stated:
"It is possible that after the wound the two pieces of thyroid cartilage may not have separated from one another but may have remained in opposition with one another. In that state-the injured person could speak with a low voice." He also stated that if a little air could escape through the injury, then the victim's voice could be heard with a lower whisper and if considerable air was passing through the injury then naturally there would be no audition.;
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