NAWAB SINGH,J - (1.) THIS appeal is directed against the judgment and order dated June 1, 1994 passed by learned Sessions Judge, Patiala whereby the accused- appellant was convicted for the offence punishable under Section 304-II of the Indian Penal Code (for short "IPC") and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/-. In default of payment of fine, the accused-appellant was ordered to undergo further rigorous imprisonment for a period of nine months.
(2.) ON August 23, 1993 Sham Sunder (since deceased) was present at Rajpura in connection with the purchase of grocery items as he used to run a grocery shop in his village Pabtra. It was about 10 a.m. Ram Chand accused-appellant met him and asked him to pay him some money for buying liquor. Sham Sunder refused to oblige him. The accused-appellant gave a kick blow on the left hip joint and struck his head against his chest. He fell down and raised an alarm. On hearing the alarm, Rajinder Kumar, the nephew of the deceased and Kishan Chand (PW-3) reached the spot and rescued the deceased from the accused-appellant. The deceased was immediately brought to A.P. Jain Civil Hospital, Rajpura. The police was informed by the Senior Medical Officer, A.P. Jain, Civil Hospital, Rajpura. Sukhdev Singh Assistant Sub-Inspector (for short "ASI") (PW-4) reached Civil Hospital. He moved an application (Exhibit PC) before the Medical Officer to seek his opinion as to whether Sham Sunder was fit to make statement. Medical Officer vide his opinion (Exhibit PC/1) opined that Sham Sunder was fit to make statement. Statement (Exhibit PG) of Sham Sunder was recorded. He narrated the facts as mentioned in para No. 2 of this judgment. Daily Diary Report was recorded at Police Station City Rajpura, District Patiala.
(3.) ON August 25, 1993 Sham Sunder was referred to Rajindra Hospital, Patiala where he succumbed to his injuries on August 26, 1993. Thereafter, formal First Information Report (for short 'FIR') (Exhibit PG/2) was recorded at Police Station City Rajpura under Section 304 IPC. On August 26, 1993 Sukhdev Singh ASI (PW-4) reached Rajindra Hospital, prepared the inquest report (Exhibit PF) in the presence of Lal Chand and Kamal Nain and recorded the statements of witnesses under Section 175 of the Code of Criminal Procedure (for short "Cr.P.C."). He also prepared rough site plan (Exhibit PJ). The dead body was sent for post-mortem. Post-mortem report is Exhibit PD.;