INDER SINGH BAGGA SINGH Vs. STATE OF PEPSU

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the High Court of PEPSU confirming the conviction of the Appellant under S. 302, Penal Code and the sentence of transportation for life passed upon him by the Court of Sessions Judge, Bhatinda.

(2.) The deceased Bachittar Singh it appears had made overtures to the sister-in-law of the Appellant and the Appellant had asked his cousin Sunder Singh to warn the deceased not to do so in the future. Sunder Singh was not on speaking terms with the deceased and he had replied that he would not do so. Three or four days after this event the marriage of the daughter of one Kartar Singh was being celebrated in the village and the marriage party was sitting in the bethak of Hakim Dewan Chand. The marriage party was broadcasting recorded music and Sunder Sigh was sitting on the platform hearing the music. One Pearey Singh came along there from his outer house with a bucket containing milk and was proceeding towards his residential house. The deceased, who came there from the side of his house met Pearey Singh in front of the house of the Appellant. Pearey Singh engaged the deceased in some talk and at that time the Appellant rushed out of his house armed with a lathi and gave a blow with it on the head of the deceased from behind. The deceased turned his face towards his assailant when another blow descended on his head. The deceased fell on the ground and the Appellant gave another lathi blow on his neck. In all six blows were given by the Appellant to the deceased. Sunder Singh and Pearey Sigh raised an alarm and the Appellant ran away from the place of the occurrence. First aid was administered to the deceased who was lying unconscious. Some water was poured into his mouth and he revived after about 10 or 15 minutes. Sunder Singh supported the deceased and took him to his house where he was laid on cot. These events happened on the night of 13-3-1952.

(3.) Nothing happened the next day but on the morning of 15-3-1952 the deceased felt very uneasy and was taken to the police station Mansa on a cart accompanied 'inter alia' by Sunder Singh. The first information report was lodged at the police station and the deceased was got admitted into the hospital for medical treatment. Dr. Bhagwant Sing attended upon him. The condition of the deceased became gradually worse and he became absolutely unconscious on 28-3-1952 on account of compression of the brain and ultimately died on 2-4-1952. Even though the police had taken no step on receiving, the first report of the injuries on 15-3-1952, a case was registered by them on 28-3-1952 on receiving the further report from Dr. Bhagwant Singh and after the death of the deceased the police took up investigation into the offence under S. 302, Penal Code. The appellant was arrested on 14-4-1952 in his own village and the stick Ex. P-1, the weapon of the offence was also found in his possession. As a result of the investigation the appellant was sent up by the police to stand his trial for the murder of the deceased.