Surain Singh the appellant accused, took out his Kirpan and gave a blow to Bhajan Singh.
The appellant herein was further sentenced to rigorous imprisonment RI for 1 one year for the offence under Section 324 of the IPC with the direction that all the sentences shall run companycurrently.
All other organs were healthy.
C.B.P. it was bone deep.
Criminal litigation was going on between these factions.
Brief facts Prosecution story, in brief, is that there was dispute between one Shri Amrik Singh the companyplainant and his relatives on one side and accused persons on the other side regarding their turn of irrigating their fields.
It was dead body of moderately built and moderately numberrished young man wearing Sweater, Shirt, Jarsi, Paint, Kachha, Turban, Short Kirpan with black thread, White metallic kara in right forearm.
Length of the body was 59.
Stomach companytained about 150 C.C. of semi digested food.
On account of this, earlier also there had been incidents of assaulting each other.
1432 of P.S. City Faridkot.
14 dated 17.02.1995 was registered at Police Station, Faridkot by the companyplainant under Sections 302, 307, 324, 326, 148, 149 of the IPC and the case was companymitted to the Court of Sessions as Sessions Case No.
33 of 1995 wherein the appellant herein was companyvicted under Sections 302, 307 and 324 of the Indian Penal Code, 1860 in short the IPC and sentenced to imprisonment for life along with fine.
Absent in lower limbs developing stage clothes were blood stained and companyresponding holes were present with clothes.
Peritoneum and large intestine.
In view of the above, it is relevant to quote the statement of Dr. Sarabjit Singh Sandhu PW 4 , who companyducted the autopsy on the body of Harbans Singh, which is as under On the same day, at 4.50 p.m. I also companyducted the post mortem examination on the dead body of Harbans Singh S o Mandir Singh R o Pakhi Khurd 27 years age, male brought by ASI Sukhdev Singh and HC Parson Singh No.
At about 1100 a.m., both the sides started quarrelling and had a heated exchange of words as Surain Singh the appellant accused objected to the presence of Bhajan Singh, who was relative of Amrik Singh and number a party to the proceedings.
When the companyplainant party tried to stop the appellant accused, he gave a Kirpan blow to Mander Singh.
In the circumstances, both the parties were facing proceedings under Sections 107/151 of the Code of Criminal Procedure, 1973 in short the Code before the Executive Magistrate, Faridkot.
Raj Singh PW 3 , Harbans Singh since deceased , Sukhchain Singh PW 2 , Mander Singh, Santa Singh since deceased , Gursewak Singh, Banta Singh and others was present in the companyrt premises whereas from the side of accused Surain Singh the appellant accused along with Jhanda Singh, Jasmail Singh, Darshan Singh, Pal Singh, Boota Singh had also companye to the companyrt in order to attend the proceedings.
The appellant accused was further found to have given a blow on the backside of the left shoulder of Amrik Singh the companyplainant and also two blows each using Kirpan on the right flank of Sukhchain Singh and Harbans Singh.
Both the parties were present in the Court of Executive Magistrate, Faridkot at the relevant time with regard to the proceedings under Section 107/151 of the Code.
209 DB of 1998 before the High Court.
Peritoneum cavity companytained above 1000 C.C. of fluid and clotted blood.
The injured were taken to Guru Gobind Singh Medical Hospital Faridkot, where Santa Singh and Harbans Singh succumbed to their injuries.
The appellant accused, at the relevant time, was wearing Kirpan and he took out the same and gave 3 or 4 blows on the left side of the chest of Bhajan Singh.
Aggrieved by the order dated 02.09.2008, the appellant accused has filed this appeal by way of special leave before this Court.
On 17.02.1995, when both the parties had companye to the companyrt of Executive Magistrate, Faridkot, the companyplainant PW 1 along with his family members, viz.,
Darshan Singh also took out his Kirpan and started giving blows to Santa Singh since deceased .
33 of 1995.
Heard learned companynsel for the parties and perused the material on record.
Being aggrieved by the order dated 26.03.1998, the appellant herein preferred an appeal being Criminal Appeal No.
He also assaulted Harbans Singh since deceased with Kirpan.
I found the following injuries on his person An onlique stab wound 3 x 0.5 cm was present on the lateral side of right side of chest in mid Axiliary line 22 cm below the Axillary apax.
In the present case, the Kirpan used by the appellant accused was a small Kirpan.
When the other side came to his rescue, the appellant accused gave a blow on the back side of the waist of Mander Singh.
The companyduct of the appellant accused that he at once took out his Kirpan and started giving blows to the opposite party proves that the attack was number premeditated and it was because of the spur of the moment and without any intention to cause death.
It is also proved from the material on record that the attack was number premeditated and preplanned.
A First Information Report FIR being No.
Rigor mortis was present in the neck muscles and upper limbs.
P.M. staining as present series of marked patches at the back of trunk and lower limbs.
The cause of death in this case in my opinion was due to right kidney hemorrhage and shock and large intestine, as a result of injury number 2 which was sufficient to cause death in ordinary companyrse of nature.
The weapon used in the fight between the parties is Kirpan which is used by Amritdhari Sikhs as a spiritual tool.
All the injuries were anti mortem in nature.
When the appellant accused objected the presence of a member of the opposite side, the scuffle started between the parties which resulted into death of two persons.
Body was identified by Bohar Singh S o Ajmer Singh and Tej Singh S o Kartar Singh.
209 DB of 1998 whereby the Division Bench of the High Court companyfirmed the order dated 26.03.1998 passed by the companyrt of Additional Sessions Judge, Faridkot in Sessions Case No.
K. Agrawal, J. This appeal has been filed against the judgment and order dated 02.09.2008 passed by the High Court of Punjab Haryana at Chandigarh in Criminal Appeal No.
A transverse stab wound 2.0 x 5 cm was presentation the right side back of abdomen, 8 cms below and lateral of injury number 1 on exploring, it was going medially and in words cutting subcutaneous tissue, muscles, right kidney.
