A.N.JINDAL,J - (1.) ACCUSED -appellant Lakha Singh alias Lakhvinder Singh (hereinafter referred to as the accused) has challenged the conviction and sentence awarded against him vide judgment dated 1.2.1994 by Sessions Judge, Patiala under Section 326 of the Indian Penal Code (hereinafter referred to as IPC). Consequent to the trial, he was sentenced to undergo rigorous imprisonment for a period of four years and to pay fine of Rs. 100/-, in default, to undergo further rigorous imprisonment for one year.
(2.) THE factual matrix of the case is that on 29.5.1990 at 7.15 a.m, the complainant Khushal Singh (hereinafter referred to as the complainant) was standing in front of his house on the road. In the meantime, Jagir Singh son of Kulwant Singh, caste Bhatra, resident of Yadvindra Colony, Patiala came there on his rickshaw. Meanwhile, Lakha Singh, accused of the same caste, armed with a sota and bearing a Gatra fitted with small kirpan around his body, also appeared at the scene. On account of the confrontation between them, the accused - appellant took out his kirpan and inflicted blows on the left leg of Jagir Singh. The accused - appellant had also caused injuries with his sota and fled away after leaving his rickshaw at the spot. The incident was also witnessed by Jathedar Rawail Singh. The motive behind the occurrence was that Jagir Singh (deceased) was married with Shanti daughter of Mohan Singh. Meena, sister of Shanti was engaged with the accused. However, the accused suspected that Jagir Singh had illicit relations with his fiancee Meena.
(3.) ON the aforesaid statement Ex.PA, recorded at 9.40 a.m, by Sub Inspector Narinder Singh, case First Information Report Ex.PA/2 was registered at Police Station Civil Lines, Patiala at 10.05 a.m. Jagir Singh succumbed to his injuries in the hospital. Sub Inspector Narinder Singh visited the place of occurrence, prepared the rough site plan Ex.PR with correct marginal notes, lifted the blood stained earth and recorded the statements of the witnesses. While going to the hospital, he took into possession, the clothes of the deceased and the rickshaw. The accused was apprehended on 13.6.1990. Blood stained Kirpan Ex.P1 fitted in Gatra Ex.P2 was got recovered from him in pursuance of the disclosure statement Ex.PH, made by him under Section 27 of the Evidence Act. He also collected the post mortem report. The completion of the investigation was followed by the challan under Section 302 IPC presented against the accused. He was charge-sheeted accordingly, to which he pleaded not guilty and claimed trial.;