S.D. Anand, J. - (1.) APPELLANT Madan Lal was convicted for offences under Sections 302, 307, 324, 323 IPC and was sentenced as under: Imprisonment for life and fine of Rs. 500/ -for the offence under Section 302 IPC. Rigorous imprisonment for 7 years and fine of Rs. 500/ -for the offence under Section 307 IPC. Rigorous imprisonment for one year under Section 324 IPC. Rigorous imprisonment for six months under Section 323 IPC
(2.) THE prosecution allegations, shorn of avoidable details, were as under: The appellant was in employment of deceased Harbhajan Singh, as domestic help. On the relevant day i.e. on 19.6.1997, the appellant demanded a sum of Rs. 1000/ -from his employer Harbhajan Singh who told him that he was presently not possessed of adequate funds and that he would pay up the demanded amount as soon as the funds were available with him. The appellant got enraged and told Harbhajan Singh that the denial of money may not cost him (Harbhajan Singh) dearly. The aforementioned utterance by the appellant invited a reprimand from Harbhajan Singh who told the former that such like things should not be said or else he (appellant) would get a beating. The episode ended there only. On that very day, the members of the complainant party retired to bed at about 9.00 PM after having had dinner. PW 11 Jagdish Singh and his father Harbhajan Singh were asleep in the courtyard, on separate beds. Mother and wife of Jagdish Singh were sleeping near the Verandah alongwith other members of the family and Ranjit Singh, a maternal uncle of PW 11 Jagdish Singh who was visiting them and stayed overnight in the course thereof. An electric bulb was burning in the courtyard. On hearing some noise, PW 12 Sukhwinder Kaur woke up to find the appellant standing near the bed of her father -in -law Harbhajan Singh, with a Kulhari in his hand. On hearing the Raula raised by her, PW 11 Jagdish Singh,(Mother -in -law of Sukhwinder Kaur and her brother Ranjit Singh) got up. The appellant, within the full view of PW11 Jagdish Singh, his wife PW 12 Sukhwinder Kaur and Ors., gave two Kulhari blows on the head of Harbhajan Singh. When Jagdish Singh tried to get up from the bed, the appellant attacked him as well and gave him Kulhari blows on the left side of his face. While mother of Jagdish Singh went inside to bring a stick, Sukhwinder Kaur proceeded to rescue her husband. Then, the appellant gave Kulhari blows on her left arm, head and other parts of her body from the blunt side of the weapon of offence. By the time, Ranjit Singh came over with a stick, the appellant had fled the spot and had taken the Kulhari along.
(3.) THE injured, other than Harbhajan Singh, were taken in a tractor trolley to Government Hospital at Rajpura where they were medico -legally examined. Harbhajan Singh died enroute. The usual formalities were complied with and the appellant was challaned in due course.;