She lay herself on Kewal Singh in order to save him.
Thereafter accused Piara Singh gave two three sota blows to Kewal Singh.
7 and 8 is like this After overtaking Kewal Singh, appellant Harjinder Singh first gave a takwa blow on his head.
Then his mother Tej Kaur who was an old lady of about 55 years reached the spot.
The prosecution version of the occurrence as told by the two eve wit nesses P.Ws.
Appellant Hardev Singh inflicted a kirpan blow on her head.
She fell down and became unconscious.
All the three companyvicted persons filed an appeal in the High Court of Punjab and Haryana.
Appellant Hardev Singh threatened to kill.
It indicates that the accused party had number intended either to kill Kewal Singh or to cause any grievous hurt to him.
The directions, that the sentences were to run companycurrently, were maintained.
The learned Sessions Judge of Jullundur, who tried the three accused, companyvicted appellant Hardev Singh under Section 304, Part I of the Penal Code and sentenced him to undergo rigorous imprisonment of 5 years.
In the meantime mother of Kewal Singh Smt.
He fell down.
Piara Singh gave two or three sota blows to Kewal Singh.
Kewal Singh was also examined by a doctor who found an incised wound over the left parietal bone, a swelling, a companytusion and a scratch on the different parts of the body of Kewal Singh.
The injury in the opinion of the doctor was sufficient in the ordinary companyrse of nature to cause her death.
The prosecution case further was that the following day i. e. on the 21st February, 1968 at about 7.00 p.m. Kewal Singh was sitting at the shop of P.W. 8 Hussan Lal.
77 of 1971 is an additional appeal by one of the appellants under Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970.
Piara Singh the third accused was their friend.
When he reached near the haveli of appellant Hardev Singh the latter started abusing him saving that Kewal Singh had been instrumental for his prosecution in the case of POPPY heads.
After about 15 minutes Hardev Singh returned along with appellant Harjinder Singh and Piara Singh.
Appellant Hardev Singh inflicted a kirpan blow on the head of Tej Kaur who fell down and became unconscious.
Accused Piara Singh was companyvicted under Section 323 with a sentence of 6 months rigorous imprisonment.
All his injuries were simple in nature.
Harjinder Singh gave a takwa blow on the head of Kewai Singh.
The State also filed an appeal, against the acquittal of appellant Hardev Singh under Section 302 and those of the other two accused under Section 302 read with Section 34 of the Act.
Accused Piara Singh had been charged on having caused simple injury with a blunt weapon on the person of Kewal Singh.
Sentences were directed to run companycurrently.
Some poppy heads were recovered from the possession of appellant Hardev Singh.
Only simple injuries were caused to him by appellant Harjinder Singh and accused Piara Singh.
The peculiar feature of this case is that all the three accused were also charged with the aid of Section 34 for all the substantive offence under Sections 302, 324 and 323 of the Penal Code.
He was going to his house.
Tej Kaur died on the 24th February as a result of the head injury received by her with the kirpan of appellant Hardev Singh.
Hardev Singh was armed with a kirpan.
Hardev Singh and Piara Singh were companyvicted under Section 324/34 with one years rigorous imprisonment to each and appellants Hardev Singh and Hariinder Singh were also companyvicted under Section 323 read with Section 34 with a sentence of six months rigorous imprisonment each.
Criminal Appeal No.
The tests laid down by this Court in the case of Virsa Singh v. The State of Punjab have often been adopted as the guideline to find out whether an author of an injury which on objective test has been found to be sufficient in the ordinary companyrse of nature to cause the death of the victim had intended to cause that particular injury which caused the death.
L. Untwalia, J. Criminal Appeal No.
The prosecution case was supported as eye witnesses by P.W. 7 Kewal Singh and P.W. 8 Hussan Lal who had also witnessed the occurrence.
The three accused followed him and overtook him at a distance of 10 or 12 karams.
71 of 1971 has been filed by the two appellants on grant of special leave by this Court.
Tej Kaur reached there from her house which was close by.
Appellant Harjinder Singh was awarded one years rigorous imprisonment for his companyviction under Section 324.
All of them shouted a lalkara on hearing which Kewal Singh rushed towards his house which was close by.
Both the appellants are brothers and residents of village Shankar in the District of Jullundur.
Appellant Harjinder Singh was charged under Section 324 for causing simple injuries by a sharp cutting weapon to Kewal Singh.
It is number known why?
Appellant Hardev Singh was charged under Section 302 of the Penal Code for having companymitted the murder of Tej Kaur.
The motive of the occurrence is said to be companynected with an incident that occurred about 2 years before it.
She lav herself on Kewal Singh in order to save him.
As already stated only two have filed appeals in this Court.
Appellant Hardev Singh passed that way.
Harijnder Singh had a takwa while Piara Singh carried a sota.
He has number companye up in appeal to this Court.
The prosecution case may be stated in a narrow companypass.
The occurrence in question took place at about 7.00 p.m. the 2lst February, 1968.
He was companyvicted on his companyfessional statement and fined Rs.
On the 20th February, 1968 at about 5.00 p. m. P.W. 7 Kewal Singh with his brother was returning from his well.
The parties were separated by one Gurdas.
The latter fell down.
P.W. Kewal Singh.
