SURINDER SINGH, J. - (1.) SADA Nand, son of Sita Ram aged 26 ages, a class-IV Railway Employee, resident of village Mandi Dabwali, has filed this appeal against the judgment of the Sessions Judge, Faridkot, dated September 16 1982, as per which the appellant was convicted under Section 302, Indian Penal Code, and was sentenced to imprisonment for life.
(2.) THE prosecution version as narrated by Natha Singh (PWE 7), brother of Sarwan Singh deceased is to the effect that on December 19, 1981 at about 9/10 p.w., the witness along with his brother Sarwan was sitting in a room of their house and talking about family affairs. The appellant who is the son in-law of Sarwan Singh came there and asked the latter to bring some liquor to celebrate the birth of his male child, which event had taken place ten days earlier. Sarwan Sigh told him that it was not possible to arrange for liquor at that hour of the night and that he may take his meals. The appellant started abusing Sarwan Singh. Natha Singh and Sarwan Singh asked the appellant not to behave in that manner. The appellant then picked up a balli lying nearby and hit the same on the head of Sarwan Singh. In this process, he gave four or five blows as a result of which Sarwan Singh fell down and became unconscious. On the alarm of Natha Singh PW, the appellant threw the balli at the spot and ran away from there. The incident was narrated to Brij Lal son of the deceased and some neigbours, who collected there. The injured was removed to the Primary Health Centre, Lambi in a tractor-trolley. The Doctor at Lambi referred the case to Civil Hospital, Malout where Sarwan Singh was taken and got admitted. On receipt of a Ruqa sent to Police Station Malout which was forwarded to Police Station Lambi Assistant Sub-Inspector Santokh Singh reached Civil Hospital, Malout. The Doctor in the hospital opined that the injured was unconscious and was not fit to make a statement. The investigating Officer then recorded the statement of Natha Singh PW Exhibit PR, on the basis of which formal First Information Report Exhibit PR/1 was registered at the Police Station. Assistant Sub Inspector Santokh Singh went to the place of occurrence and carried out the formalities of investigation including the taking into possession of the balli Exhibit P 1. He tried to look for the appellant who was not traceable. The appellant was ultimately arrested on January 4, 1982.
(3.) SARWAN Singh died in the hospital on December 30, 1981. The autopsy on his dead body was conducted by Dr. Tej Ram Garg (PW 4) who noticed the following injuries on the same; 1. Contusion on right side of forehead, upper eyelid and right temporal region 15 cm X 12 cm. 2. Healed wound 1/2 X 1/2 cm on lateral aspect of left upper eye lid. 3. Contusion on left front-temporal region involving left upper eye lid also. 4. Healed wound 2 cm X 1/4 cm on right zygotic process. On dissection of the scalp and skull large haematoma was present underneath. The frontal bone on the left side was fractured through and through. In the opinion of the medical witness, death was due to the injuries leading to the fracture of the underlying bones and extra-dural and sub-dural haematoma. The injuries were ante-mortem and were sufficient to cause death in the ordinary course of nature. ;