HIGH COURT OF PUNJAB AND HARYANA
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Harnam Singh, J. -
(1.) In Sessions Trial No. 44 of 1953 the Additional Sessions Judge has convicted Hari Kishan under Section 302, Penal Code and sentenced him to suffer transportation for life. Hari Kishan appeals from his conviction and the sentence imposed upon him.
(2.) Briefly summarised, the facts of the prosecution case are these; Hari Kishan who was employed by Shib Narain resided in the 'chaubara' of the shop of Shib Narain in Kath Mandi, Rohtak town. Suspecting that 'Shrimati' Kamla had contacted illicit intimacy with Shib Narain, Hari Kishan took up residence in 'Mohalla' Sarai, Rohtak town, in the middle of April, 1953. Differences having arisen between 'Shrimati' Kamla and Hari Kishan, 'Shrimati' Kamla went to live with her father Piara Lal P. W. 12 in the middle of June, 1953. On 20-6-1953 Piara Lal P. W. 12 seni 'Shrimati' Kamla with Hari Kishan to Mohalla Sarai. 'Shrimati' Kamla, however, returned to the house of Piara Lal on that very day saying that she was afraid lest Hari Kishan might kill her. On the 27-6-1953 at about 2 p.m. Hari Kishan going to the house of Piara Lal gave two blows to Shrimati Kamla with 'Chaursi', Exhibit P. 1, one on the back and the other on the belly. Chhotu P. W. 8, Hari Ram P. W. 9, 'Shrimati' Parbati P. W. 10 and Shrimati Ankaur P. W. 11 saw the assault on 'Shrimati' Kamla.
(3.) Going to the police station Chhotu P. W. 8 made the report, Exhibit P.A, at 2.30 p.m. on the 27-6-1953, distance between the police station and the place of occurrence being one mile.;
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