Vijender Singh Malik, J. - (1.) DARSHAN Ram son of Palli Ram resident of village Dharamkot Sanaur, District Patiala ( hereinafter referred to as 'the Appellant') has preferred this appeal against the judgment of his conviction dated 6.5.2002 passed by learned Additional Sessions Judge, Patiala vide which he has been held guilty for an offence punishable under Section 302 of the I.P.C. and the order on sentence of the same date vide which he has been sentenced to undergo imprisonment for life and to pay fine of Rs. 20,000/ -with rigorous imprisonment for one year in default of payment of the same for the said offence. The case brought by Police Station, Sadar Patiala against the Appellant is as under: Complainant, Khandu Ram son of Hazara Ram, a resident of Bazigar Basti, Dharamkot is a labourer. He had got three sons. His eldest son Shanti was aged about 10 years, younger to him named Manjit was aged about 8 years and the youngest named Rinku was aged 6 years. On 23.7.2000, his three sons went to the ground of Shri Radha Krishan Mandir for playing cricket with other children as it was Sunday. With a view to call his children back, the complainant went to the temple in the ground whereof his sons were playing. He saw the Appellant sitting there. He first went to the temple to pay obeisance to the deity. When he came out of the temple, he noticed that the Appellant was snatching the bat from his son Rinku and Rinku was crying and was not willing to part with the bat. The Appellant succeeded in snatching the bat and he gave a blow with the same on the right side of the head of Rinku. The complainant raised an alarm asking the Appellant not to hit his son. Despite it, the Appellant caused another blow with the bat on the head of Rinku, on receipt of which Rinku fell down on the ground. Hearing the noise raised by the complainant, his brother Massu Ram also came to the spot. The Appellant then gave another blow with the bat to Rinku, who was lying on the ground. This blow also fell on the head of Rinku. The complainant and his brother Massu Ram tried to get hold of the Appellant, but he succeeded in escaping while throwing the bat at the spot. The Appellant used to prevent the sons of the complainant from playing cricket there and he used to give beatings to them. On account of the same, he caused injuries with the bat to Rinku with a view to kill him.
(2.) THE complainant with the help of his brother Massu Ram arranged a vehicle and while he was taking Rinku to Rajindra Hospital, Patiala for treatment, he died on the way to that hospital. The dead body of Rinku was brought back by the complainant to his house. The complainant then left his brother Massu Ram at the spot and started for Police Post, Sanaur, District Patiala. He came across Surjit Rai, A.S.I., Incharge, Police Post, Sanaur at Bus Stand, Sanaur to whom the complainant made statement Exhibit -PD. The said statement was thumb marked by the complainant. Putting his endorsement Exhibit PD/1 thereon, Surjit Rai, A.S.I. had sent the said statement to Police Station, Sadar, Patiala where Ajit Singh, A.S.I. registered a case vide F.I.R. Exhibit PD/2 for an offence punishable under Section 302 of the I.P.C. Special report of the case was sent to -4 ..... the Illaqa Magistrate. Surjit Rai, A.S.I. then accompanied the complainant to his house where the dead body of Rinku was lying. He inspected the dead body and prepared the inquest report Exhibit PC/3. He also made a written request for post mortem examination on the dead body of Rinku and had sent the same through H.C. Sham Lal for post mortem examination to Government Medical College, Patiala. Then Surjit Rai, A.S.I. went to the place of occurrence, having the complainant and Massu Ram with him. He inspected the place of occurrence and prepared a rough site plan thereof. He took a cricket bat into possession by way of recovery memo Exhibit PE. He also lifted the blood stained earth from the spot and converting the same into a parcel, sealed it with seal 'SR' and took the same into possession vide recovery memo Exhibit PF. After the post mortem examination, H.C. Sham Lal brought the parcels of the clothes of the deceased duly sealed by the doctor to Surjit Rai, A.S.I. which were taken into possession vide recovery memo Exhibit PG. He recorded the statements of the witnesses. He had arrested the Appellant on 27.7.2000. He got prepared a site plan to scale of the place of occurrence from Indresh Khanna, a draftsman. The investigation of the case was thereafter transferred to Kuldip Singh, S.I. On 15.8.2000, Kuldip Singh, S.I. recorded supplementary statements of some - witnesses and on completion of investigation, challan against the Appellant was prepared by Sewa Singh, Inspector.
(3.) CHARGE for the offence punishable under Section 302 of the I.P.C. was framed against the Appellant by learned Additional Sessions Judge, Patiala vide order dated 16.1.2001. The Appellant pleaded not guilty to the charge and claimed trial.;