The learned Additional Judge did number rely upon the evidence of Mukhtiar Singh but relying upon the evidence of the other two eye witnesses and the medical evidence he held that it was proved beyond any doubt that the appellant gave a kirpan blow on the head of Amrik Singh and as a result of that injury Amrik Singh died.
He, therefore, recorded statement of Rasal Singh and sent it to the police station for registration of the offence.
THE 16TH DAY OF AUGUST, 1995 Present Honble Mr. Justice M.K.Mukherjee Honble Mr. Justice G.T.Nanavati Mr. M.R.Sharma, Sr.
Before the Special Court prosecution mainly relied on the evidence of three eye witnesses, namely, P.W.9 Rasal Singh, P.W.10 Mukhtiar Singh and P.W.11 Dalip Singh.
495 OF 1985 BALBIR SINGH V. THE STATE OF PUNJAB J U D G M E N T NANAVATI, J. The appellant along with three other accused was tried for an offence punishable under Section 302 read with Section 34 I.P.C. in the Court of Additional Judge, Special Court, Amritsar.
Mr. R.C. Kohli, and Ms. Bani Sharma, Advs.
The appellant gave a kirpan blow to Amrik Singh on his head as a result of which Amrik Singh fell down and became unconscious.
It was received by ASI Pal Singh W.13 who after making an entry in Roznamcha, left for the hospital at Village Algon, where he reached at 1.35 P.M. He first tried to record statement of Amrik Singh but the doctor informed him that he was number in a fit companydition to make a statement.
The learned Additional Judge acquitted the other three accused but companyvicted the appellant under Section 302 I.P.C. The charge against the appellant and the three acquitted accused was that on 19.3.1984 at about 6.00 P.M. when Rasal Singh, Dalip Singh, Mukhtiar Singh and Amrik Singh were returning from their fields the appellant and three accused assaulted Amrik Singh.
Two lathi blows were given by the other accused on his left leg.
with him for the Appellant.
for the Respondent J U D G M E N T The following Judgment of the Court was delivered IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.
The injury caused on the head of Amrik Singh does number appear to have been caused intentionally.
As a result of the injuries received by him Amrik Singh died on 21.3.1984.
