P.C.Jain, J. - (1.) The learned AddI. Sessions Judge by his judgment dated 3 1.3.1990 has convicted the accused for an offence under Section 302, IPC and sentenced him to undergo life imprisonment together with a fine of Rs. 500/- in default of payment whereof to further undergo rigorous imprisonment for six months.
(2.) The brief facts of the case are that a First Information Report was lodged by Om Parkash at the Police Station-Gharsana on 3.4 .1988 at 1.30 a.m. in respect of the occurrence that took place on 2.4.1988 at about 9.30 p.m. The informant Om Prakash stated in the First Information Report that on 2.4.1988 at about 8.00 p.m. he, Krishna Lal and Jagdish were proceeding towards their village from Rawla Mandi. When they reached the field of Shankar Lal at about 9.30 p.m., they heard the cry save, save, which was coming from the Eastern side of the field of Shankar Lal. Hearing the above cry, they rushed towards the place from where the cry for help was coming. There they saw that Makhan Singh (accused was inflicting blows on the person of Nihal Chand with big pieces of bricks. In their presence the accused inflicted 4-5 blows. As soon as the accused saw them, he left Nihal Chand (deceased) and ran away from the spot. Then they attended Nihal Chand who was lying on the ground in a very injured condition. They saw that he was bleeding profusely. His face was smeared with blood. When they called him he did not respond meanwhile Hanuman and Bhup Ram came to the place of occurrence hearing the noise. On this report, the Police registered a case under section 302, IPC and proceeded for the investigation.
(3.) The Investigating Officer inspected the place of occurrence and prepared site-plans Ex. P. 2 and Ex. P. 3. The inquest report (Ex. P4) was also prepared and according to opinion of the responsible persons who took part in the inquest proceedings the deceased died as a result of sustaining the injuries. The Investigating Officer also collected the blood smeared as well as control soil from the place of occurrence. The pieces of brick were also seized by Ex. P7.;