STATE Vs. PIARE GIANI

JUDGEMENT

(1.) This is an appeal by the State of Punjab against the judgment of the learned Sessions Judge, Rohtak, acquitting Piare, son of Giani, Brahma, son of ram Narain and Dalel Singh, son of Risal Singh who had been sent up for trial under sections 302/34, Indian Penal Code, for committing the murder of Chandgi deceased on 22nd of July, 1958.

(2.) The prosecution story is that the houses of the accused and Chandgi deceased are situated in the same street in village Nilothi. Piare and Brahma accused are first cousins, their fathers being brothers, and Dalel Singh is the son of Piare's brother. At about 3-30 p.m. on 22-7-1958 Piare was digging earth from the street in from of his house with his kasola, Exhibit P. I, and was throwing it against the wall of his baithak. Ram Kanwar P. W. 2 and Ram Phal P. W. 6 sons of Chandgi came up and asked Piare not to dig the earth from the street because by doing so a pit was likely to be formed which would inconvenience them in going to their house and coming from it. Piare ignored this request. In the meantime Chandgi, father of Ram Kanwar and Ram Phal, also turned up from his field and he too tried to impress upon Piare not to dig the earth. This proved equally ineffective. In the meantime Brahma and Dalel Singh accused also came to the spot from their houses armed with lathis and encouraged Piare to did the earth remarking that they would see who dared to stop him from doing so. Piare thus continued the process of digging the earth though Chandgi again asked him not to do so. Piare then gave a blow with his kasola on the head of Chandgi who fell down and became unconscious. The other two accused who were armed with lathis also rushed towards him to attach him but in the meantime Malhe P. W. 5, a consign brother of Chandgi, also reached the spot armed with a lathi. He and Ram Kanwar P. W. 2 used their lathis, on account of which Brahma received some injuries. Dalel Singh and Piare stepped back a few paces to avoid being hit. Brahma, it is said, during this occurrence gave a lathi blow to Ram Phal P. w. 6. Hearing the noise Mansa P. W. 7 Dharma and Risala also came to the spot and on alarm being raised the assailants went away to their houses. Chandgi was put in a cart and brought to the hospital at Sampla which is at a distance of about 8 miles from the place of occurrence where he was examined by Dr. Rajinder Singh P. W. 1 who found a swelling on the left side of his head over the ear which was diffused. Chandgi remained semiconscious and died at 1-10 p.m. on the following day. After leaving his father in the hospital Ram Kanwar P. W. 2 went to the police station and lodged the first information report at about 9-50 p.m. The Assistant Sub-Inspector went to the hospital, but found Chandgi lying unconscious. He went to the spot next morning at about 7 o'clock and arrested Piare accused. Kasola, the weapon of offence, was duly recovered from Piare's baithak. As soon as Chandgi died Dr. Rajinder Singh sent a ruqqa to the police station, as a result of which the dead body was duly sent to the mortuary at Rohtak for post-mortem examination. The medical evidence discloses a large bruise on the left side of the scalp of the deceased and large subcapitular haemotoma of the left side left side and also a linear fracture of the left side of the skull starting from the left of the mid-lime extending downwards across middle meningeal groove towards the greater wing of spheniod. There was also a large extradural haemorrhage from middle meningeal vessels. Death, according to the doctor, was due to extradural haemorrhage of skull which had occurred on account of rupture of middle meningeal vessels. The injury caused to the deceased was, according to expert opinion, sufficient in the normal course to cause death.

(3.) According to the defence version Dalel Singh was not present at the time of occurrence and Piare was levelling the street in front of his house by digging the earth from the place where the level was higher so as to make the passage level. Chandgi, according to Piare, alone with Ram Kanwar, Malhe and Ram Phal, came up and asked him as to why he was removing the earth from the street in from of their house. Piare replied that he was not doing so. This led to some altercation and abuses were exchanged. In the meantime Brahma accused came up but he was unarmed, and Malhe P. W. 5 hit Brahma with a lathi, Chandgi and Ram Kanwar thereupon joined Malhe and attacked Brahma. Piare stepped forward in defence of Brahma when Chandgi hit him with a gandasi which injured him on his ankle. Piare thereupon gave him a push as a result of which he fell down against a piece of wood causing injury on his head on account of which he later died in the hospital. Brahma accused stated that he was coming from his field with this cattle and stopped at the spot on hearing the altercation; he remonstrated with the parties not to fight with each other, but Ram Kanwar and Malhe started hitting him as a result of which he fell down. He, however, snatched the stick of Ram Phal and warded off several blows during which Ram Phal also received an injury on his arm. He expressed ignorance as to how and by whom injury to Chandgi was caused.