PRATAP SINGH Vs. STATE OF HARYANA
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
STATE OF HARYANA
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(1.)Partap Singh and Parkasha accused were convicted by the Additional Sessions Judge, Karnal under S. 302, 326 read with S. 34 of the Indian Penal Code and were sentenced to rigorous imprisonment for life and four years respectively. On appeal the High court acquitted Parkasha but upheld the conviction and sentence of Partap Singh. This appeal via special leave petition is by Partap Singh against the judgment of the High court.
(2.)The first information report was recorded on the basis of the statement of Nar Singh. According to the prosecution story Nar Singh and Krishan deceased were rickshaw pullers and used to live together in a room at Panipat. On 26/08/1986 at about 11 p. m. both of them went out to ease themselves in a rickshaw driven by Mannu who was brother of Nar Singh's wife. On their way back they met two boys near the Sabzi Mandi. One of them was whistling. The boys got the impression that the persons in rickshaw were objecting to their whistling. The boy having "swarthy complexion, stout body and height 5' 6" and having beard" took out a knife meant for vegetable cutting from his pocket and gave a blow to Nar Singh in his abdomen. Krishan came forward to rescue Nar Singh whereupon the same assailant gave a knife blow to him on the left side of his abdomen. The FIR further stated that the other concussed was also having "swarthy complexion heavy body and height about 5' 8" ". The accused persons ran away from the spot after giving knife blows.
(3.)The injured were removed to the hospital. On being declared fit by the doctor the statement of Nar Singh was recorded at 12.40 p. m. on 27/08/1986 and thereafter the case was registered at the police station at 12.50 p. m. Krishan died at 9.30 p. m. on 28/08/1986. Autopsy on the dead body revealed that the injury had ruptured the smallintestine and was sufficient to cause death in the ordinary course of nature. The injury on the person of Nar Singh was declared as grievous in nature.
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