- (1.) Badri Parshad, a mason, has been convicted by Mr. I.M. Malik, Sessions Judge, Hissar under Sections 302, 326 and 324 IPC on 26.8.1998 and aggrieved against it the present appeal has been attempted.
(2.) Briefly, the story of the prosecution is that on the intervening night of 21st and 22nd August, 1987 at about 12.30 a.m. Badri Parshad entered into the residential premises of Dalip Singh at Hissar. Thereafter, the aforesaid Badri Parshad attacked Jiwni (PW-7) and her husband Dalip Singh came forward to save her but the accused took out his knife from his trousers and caused an injury to aforesaid Dalip Singh in his stomach thrustwise. Bhagirath (PW-8) nephew of Dalip Singh was also asleep nearby and came forward on hearing the alarm and also received injuries from accused. Gopi (PW-9), a neighbourer also arrived there and tried to catch hold of the accused and he also received injuries. As a consequence of the injury the aforesaid Dalip Singh died and Badri Parshad has been prosecuted and convicted by the trial Court as mentioned above.
(3.) Dr. R.K. Dhamija, (PW-2) of Civil Hospital, Hissar conducted post-mortem examination on the dead-body of Dalip Singh s/o Bujan caste Harijan, r/o Tiba Dana Sher, Hissar on 22.8.1987 and the injuries found on his person is described as under :- "A penetrating incised wound of 3.5" x .25" and the stitches 3 in number were present in oblique direction in the epigastrium. Clotted blood was present around the wound. On dissection, the wound was deep upto the posterior surface of the liver, piercing the peritoneal cavity and left lobe of the liver from the anterior sufface to the posterior surface. Pool of blood was present in the abdominal cavity. Blood vessels of liver were also ruptured internally. The length of the wound was gradually decreasing to the posterior surface of the liver i.e. 1.25" x .75". He has also deposed that cause of death was shock and haemorrhage on account of the aforesaid injury which was ante mortem.;