Kanwaljit Singh Ahluwalia, J. - (1.) THE present appeal has been preferred by Balbir son of Hari Ram, who was nominated as an accused in case FIR No. 52 dated 7.4.2000, registered at Police Station Barwala, under Section 304 IPC. The Appellant was convicted for the offence under Section 304 Part -II IPC by the Court of Additional Sessions Judge, Hisar, vide its judgment dated 23.11.2002 and vide a separate order dated 25.11.2002 he was sentenced to undergo rigorous imprisonment for a period of four years.
(2.) IN the present case, the occurrence had taken place on 4.4.2000 at about 9.30 P.M. As per the prosecution case, the Appellant has given a push to deceased Dal Singh due to which he fell upon the bricks and suffered a fracture of femur. Having suffered the injury Dal Singh remained present in the house for the whole night and in the morning on 7.4.2000 at about 10.15 A.M. he was medico legally examined at Civil Hospital, Barwala. The Medical Officer had sent a ruqa Ex.PB to the Station House Officer, Police Station, Barwala upon which PW.8 Kanshi Ram, Head Constable, had recorded the statement of deceased Dal Singh, which now has been treated as a Dying Declaration. The statement of Dal Singh Ex.PH/2 was recorded in Daily Diary Register vide report No. 29. The statement made by deceased Dal Singh when translated into English reads as under: Statement of Dal Singh s/o Akhay Ram, Caste Harijan Chamar, R/o Ward No. 2, Barwala, aged 80 years. Stated that I am the resident of the aforesaid address and an old man. I usually reside in my house. Yesterday at about 9.30 P.M. I was lying in my house that I heard a noise in front of Ravi Dass Mandir near my house. I got up and came out in the street and saw that Balbir s/o Hariram and Mukhtiar s/o Jai Singh, caste Chamar, residents of Ward No. 2 of village Barwala were quarrelling with each other. I tried to intervene between them whereupon Balbir got furious and said that why you came in between us. On saying this, Balbir pushed me. On which I fell down on the bricks lying in the pucca street and sustained injury on my right hip. I raised an alarm of "MAR DIYA MAR DIYA" on which my brother Phullu and my son Jeet came there while running. On seeing them coming Balbir ran away towards his house. Balbir has caused injuries to me by giving push. Due to pain in the night I was got admitted in the hospital. Legal action may be taken against Balbir. I have got my statement recorded, heard it and it is correct. LTI of Dal Singh AttestedKanshi Ram,HC, P.S. Barwala Pw.4 Dr. R.S. Khandelwal stated that on 5.4.2000 deceased Dal Singh was admitted and was discharged from the hospital, on 7.4.2000 itself at about 10.30 A.M., formal FIR Ex.PJ was registered for the offence under Section 325 IPC. On the same day, in the evening Dal Singh expired at his house. Pw.6 Jeet Singh son of deceased Dal Singh informed the police on 7.4.2000 at about 6.30 P.M. regarding death of Dal Singh. On the receipt of this information, the Special Report was sent to the higher authorities. The above said FIR was investigated. A report under Section 173 Code of Criminal Procedure was submitted and the case was committed to the Court of Sessions and the same was entrusted to the Court of Additional Sessions Judge, Hisar, for trial, who on 22.1.2001, charged the Appellant for the offence under Section 304 IPC.
(3.) AS per the medical examination which was conducted on 5.4.2000 at about 10.15 A.M. by PW.1 Dr. Paramjit, the patient Dal Singh had complained the pain on his right hip joint and he was not able to move his leg. The doctor had found defused swelling present around the hip joint and had advised x -ray of pelvis and opinion of Orthopedic Surgeon. Furthermore, this witness has referred the patient to General Hospital, Hisar, for further treatment.;