S.D.ANAND,J - (1.) THE appellant was convicted by then learned Additional Sessions Judge, Mansa (hereinafter referred to as the Trial Judge) for an offence under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-. In default of payment of fine, the appellant was directed to further undergo imprisonment for a period of two months.
(2.) GIAN Kaur deceased was joint in residence with her five sons including PW-5 Hargobind Singh. The Rasta in front of their house leads to Gurudwara Titarsar. There is a culvert enroute and towards the West of culvert, there is a pond. On 5.8.1995, at about 7.00 P.M. Appellant Sukhdev Singh and the acquitted associate Tar Singh wanted to demolish the culvert. A quarrel between them on the one hand and Gian Kaur and her son Sukhdev on the other hand, ensued. Gian Kaur had the apprehension that demolition of culvert would lead to the flooding of her house. The obstruction offered by Gian Kaur enraged appellant Sukhdev Singh who felled down her on the ground by giving a Kahi blow on the left side of her forehead. She was initially taken to the Civil Hospital, Sardulgarh. Therefrom she was referred to Civil Hospital, Mansa from where then she was referred to P.G.I., Chandigarh, where she died.
(3.) PW -5 Hargobind and PW-6 Gulab Singh, yet another son of deceased Gian Kaur, had witnessed the impugned occurrence along with their brother PW-8 Darshan Singh. The case was investigated by PW-10 Inspector Balbir Singh and PW-11 ASI Paramjit Singh. PW-4 Dr. Dalbir Singh, Associate Professor, Forensic Medicine, PGI, Chandigarh had conducted the post-mortem examination on the dead body of Gian Kaur and found the following injuries :- "1. 10.5 X 0.10 cms partially healed wound with unhealthy granulation tissues present over the left frontal aspect of the scalp, starting from the lateral end of left eye brow going upwards and medially upto 6 cms above the medial end of left eye brow. Proximal 2 cm of the wound was gaping for .75 cms and under lying bone was exposed. Greenish yellowish pus was present over it. 2. Left eye ball was missing from the orbit and inner surfaces of orbit were having unhealthy granulation tissues." ;