GANGA DASS ALIAS GODHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Special leave granted.

(2.) The appellant, who figured as original accused No. 1, was tried along with three others under Ss. 302 and 302/34, I.P.C. The trial Judge acquitted the other three accused but convicted the appellant under Sec. 302, I.P.C. simpliciter. The convicted accused namely the appellant filed an appeal challenging his conviction and the State also filed an appeal against the acquittal of the other three accused. Both the appeals were dismissed by the High Court.

(3.) One Umed Singh, aged about 65 years, is the deceased in the case. On 18-11-88 he had gone to Mandir to worship where at about 7.45 a.m. he was attacked. His son Dharampal, PW 6 reached the Mandir and he also found his brothers there at the Mandir. By then the deceased was injured and on being enquired the deceased told PW 6 that the appellant hit him with an iron pipe while he was worshipping. The other eye-witnesses PWs 12 and 13 also informed PW6 about the occurrence. Thereupon PW 6 went and informed the police. The injured was removed to the hospital and was examined by PW 11, a Doctor at the Primary Health Centre. Thereafter the injured was shifted to P.G.I., Chandigarh. PW 15, a Neuro-Surgeon at P.G.I., Chandigarh carried out an operation on 20-11-88 on the injured deceased. However, he died on 5-12-88 as a result of head injury due to septicaeimia, renal failure, respiratory failure and finally cardio-respiratory arrest. An altered F.I.R. was issued and the charge-sheet was laid after due investigation.