Balakrishna Eradi, J. - (1.) This is an appeal by special leave against the judgment of the High Court of Punjab and Haryana dismissing the appeal filed by the appellant herein, against his conviction by the Addl. Sessions Judge, Patiala under Sections 302 and 307 Indian Penal Code.
(2.) Hazur Singh (PW 5) had two sons, Devinder Pal Singh (deceased) and Varinder Pal Singh (PW 6). The appellant Jaspal Singh had taken a loan of Rs. 1500/- from the deceased Devinder Pal Singh sometime prior to the date of the occurrence which led to the present prosecution. On July 16, 1983 at about 7.30 p.m. Devinder Pal Singh and Varinder Pal Singh (PW 6) left their house for an evening walk. When they came towards the market area where the appellant was running a restaurant the deceased called the appellant out of his business premises on to the road and demanded a return of his money. Apparently the appellant did not relish this and he abused the deceased whereupon the deceased protested against the said conduct of the appellant. This led to an altercation, in the course of which the deceased is said to have pushed the appellant resulting in the appellant falling down on 'the road. In the meantime Hazur Singh (PW 5) and one Jaswant Singh came to the place. The appellant then gave a stab with a knife on the groin of Devinder Pal Singh and another knife blow on his back behind the chest. The deceased Devinder Pal Singh fell on the ground on receiving the injuries. His brother Virender Pal Singh (PW 6) tried to intervene. Thereupon the appellant gave knife blows to him also causing injuries on his left shoulder and groin. He too, fell down. Hazur Singh (PW 5) and Jaswant Singh who were eye-witnesses to the occurrence rushed forward but the appellant managed to run away with his knife. Hazur Singh (PW 5) hurriedly brought a car from his residence and removed both his injured sons to the Rajinder Hospital, Patiala but Devinder Pal Singh succumbed to his injuries before he could reach the hospital. Virender Pal Singh was admitted in the hospital. Thereafter Hazur Singh went to the Police Station, Civil Lines, Patiala and lodged the First Information Report at 9.45 p.m.
(3.) The post-mortem examination on the dead body of Devinder Pal Singh disclosed that he had sustained the following injuries, all of which were ante-mortem:- 1. Stab wound 2 cm X 2.2 cm on the back of left side of chest, 2 cm below and 2 cm medial to inferior angle of left scapula oblique. 2. A stab wound 2 cm X 1 cm X 8 cm on the front of right groin region in its middle, 10 cm from the symphysis pubic. On dissection of wound, blood was found present in the underlying structure. Direction of the stab was upwards and medially. Femoral artery and femoral vein corresponding to the stab were cut. 3. An abrasion on 2.5 cm X I cm on the left side of forehead. 4. An abrasion I cm X 8 cm on the right side of nose. Injury No. 2 had ruptured the femoral artery as well as the femoral vein and in the opinion of the doctor, the shock and haemorrhage. caused by this injury were sufficient in the ordinary course of nature to cause the death of Devinder Pal Singh.;