AMARESH KU.SINGH, J. - (1.) Heard the learned counsel for the appellant and the learned Public Prosecutor.
(2.) This appeal is directed against the judgment dated 28th August, 1982 passed by the learned Additional District and Sessions Judge No. 1, Hanumangarh in Sessions Case No. 20/82. By the aforesaid judgment the appellant was convicted under Sections 302 and 323 of the Indian Penal Code and he was sentenced to imprisonment for life for the offence under Section 302 and rigorous imprisonment for six months and a fine of Rs. 500/- and further rigorous imprisonment for one month for default in payment of fine for the offence under Section 323 of the Indian Penal Code. Both the sentence of imprisonment were ordered to run concurrently.
(3.) The facts of the case may be briefly summarised as below :- On 10th January, 1982 at 8.30 p.m. Balbir Singh gave an oral first information report at Police Station, Hanumangarh Junction. The information given by him was recorded on Ex. P/1. According to Ex. P/1 on 10th January, 1982 at about 7 p.m. Balbir Singh was going to his house from the market. When he reached in front of the shop of Mukuand Lal, he saw that Gurmail Singh was beating Hakum Singh with a lathi and Hakum Singh was lying unconscious on the ground and blood was coming out of his nose and mouth. Balbir Singh asked Gurmail Singh why he was inflicting injuries to Hakum Singh and in response Gurmail Singh said that he would not leave Hakum Singh without killing him. It was further stated in the First Information Report that when Balbir Singh tried to intervene, Gurmail Singh inflicted a lathi blow on his leg. Meanwhile, on hearing the hue and cry, Gurjant Singh also reached the spot and then Gurjant Singh and Balbir Singh both saved Hakum Singh from further injuries. Balbir Singh thereafter sent his younger brother Major Singh to the house of Sarpanch and himself went to the house of Hakum Singh, where he disclosed the incident. Hakum Singh was taken to the Police Station at the time of lodging the First Information Report. He was seen by the Police Officer and his condition was noted down in the endorsement made by the police on Ex. P/1. On the basis of report given by Balbir Singh, police registered a case under Section 307 of the Indian Penal Code and investigation was conducted. On 12th January, 1982 at about 10.50 a.m. Hakum Singh breathed his last, and his post mortem examination was conducted on the same day at 1 p.m. by the doctor. After investigation, the police submitted the charge-sheet under Section 173 of the Criminal Procedure Code against the accused Gurmail Singh alleging commission of offence punishable under Section 302 of the Indian Penal Code. ;