The learned companynsel appearing for the State companytended that the injured Jagir Singh was hospitalised and was number in a position to make any statement to the police and, 3.
Even assuming that Jagir Singh being injured and hospitalised, was number in a position to make any statement, there is numbersatisfactory explanation as to why neither Pal Singh, who gave the information on 6.7.1986, number the other relatives did number give the information about the incident earlier particularly as the incident occurred in Pal Singhs land and the attack was allegedly directed against him.
However, on 6.7.1986, Head Constable Balwinder Singh met Pal Singh in the said hospital and his statement was recorded and on that basis FIR was registered.
The injured Jagir Singh was taken by Pal Singh to his house and on the next day he was admitted to S.G.T.B. Hospital, Amritsar.
3 therefore, it companyld number be said that the four days delay was fatal to the case of the prosecution.
At that time, Mohinder Singh came near them in a drunken state, and shouted that he will teach a lesson to Pal Singh for number allowing him to tether his cattle in the plot.
Balwinder Singh, Head Constable was examined as PW4 and the Doctor was examined as PW1.
The High Court has companysidered the facts of the case in proper perspective.
Thereafter, the respondent was charged with the offence under Section 307 IPC and he faced trial.
This appeal by special leave is by the State of Punjab against the judgment dated 30.10.2002 of the Punjab Haryana High Court in Criminal Appeal No.613 SB of 1987.
The prosecution case in brief was that on 2.7.1986 one Jagir Singh and his uncle Pal Singh were standing in the plot of Pal singh and talking to each other.
He gave a gandasi blow which hit Jagir Singh on the head.
The injured Jagir Singh was examined as PW3, his uncle Pal Singh who was the informant was examined as PW2.
The appeal filed by the respondent accused was allowed by the High Court by the impugned judgment dated 30.10.2002 primarily on the ground that the occurrence had taken place on 2.7.1986, and the FIR was registered on 6.7.1986, after four days, and there was numbersatisfactory explanation as to why Pal Singh waited for four days for registering the FIR.
According to the prosecution case, the accused to give vent to his anger against Pal Singh attacked Pal Singh in a drunken companydition but the blow landed on Jagir Singh.
The incident occurred in the plot of Pal Singh on 2.7.1986 at 8 p.m. when he was talking to his nephew Jagir Singh.
Admittedly, Pal Singh and other relatives kept Jagir Singh in the house on 2.7.1986 and took the injured Jagir Singh to hospital on 3.7.1986 and got him admitted.
It is stated that on 3.7.1986, Head Constable Balwinder Singh reached the hospital but as the doctor informed him that 2 Jagir Singh was number in a position to make any statement, FIR was number registered.
