The prosecution version in a nutshell is as follows On May 29, 1996 a quarrel had taken place between Hans Raj hereinafter referred to as the deceased and accused Ravi Kumar, who was then servant of one Gandharav Singh over a very trivial matter.
S.I. Harbhajan Singh, Police Post P.G.I., Chandigarh PW 2 moved an application Ex.
Deceased reported the incident to his brother Mohan Lal PW 3 and Ram Lubhaya.
Accused Ravi Kumar and Bahadur Singh PW 4 were already present there.
There the doctor after examining him found the companydition to be serious and referred the patient to the PGI at Chandigarh where he ultimately died at 1.15 P.M. After his death, PW 3 lodged first information report at the police station, Nawanshahr shortly thereafter, after making arrangements for his funeral.
PC/1 and declared the deceased unfit to make a statement.
Dr. Harbans Lal Mann PW 1 medico legally examined the deceased at 9.05 a.m. on May 30, 1996.
The evidence disclosed that the initial fight was between the accused and the deceased and the accused assaulted the deceased when quarrel ensued during the talks for sorting out the difference.
Mohan Lal PW 3 raised an alarm.
On May 30, 1996 at about 7 p.m. when the three brothers were present in the Hada Rori of village Jadla, Gandharav Singh called deceased to get the dispute settled with his servant accused Ravi Kumar.
Deceased was unfit to make a statement and was referred to the P.G.I., Chandigarh.
Deceased fell down.
PH/1 , it was dispatched to Police Station, Nawanshahr, where formal first information report Ex.
In the meantime Ram Lubhaya also reached there.
Accused Ravi Kumar then made good his escape.
Accused Ravi Kumar picked up the Dhangu placed behind Gandharav Singh and gave two blows on the head of deceased.
After giving first aid, deceased was referred to Civil Hospital, Nawanshahr.
Mohan Lal and deceased followed Gandharav Singh to his tubewell.
Gandharav Singh placed a Dhangu behind him.
When the talks were going on, a quarrel between accused Ravi Kumar and deceased again ensued.
The doctor found two injuries i incised wound on the right side of the scalp and ii swelling on the occipital frontal region.
It was numbered that number examination of Gandharav Singh is really of numberconsequence as he being the master of the accused appellant would number have companye out with the truth.
The doctor at the P.G.I. made the endorsement Ex.
Similar was the case with the dispatch of the special report to the Illaqa Magistrate.
PH/2 was recorded.
ARIJIT PASAYAT, J. Leave granted.
PC in order to know if deceased was fit to make a statement.
Deceased was taken to the Primary Health Centre, Jadla by Mohan Lal PW 3 and Ram Lubhaya.
Appellant calls in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court affirming the companyviction of the appellant hereinafter referred to as the accused under Section 302 of the Indian Penal Code, 1860 in short the IPC and sentence of imprisonment for life and fine imposed with default stipulation.
Eight witnesses were examined to further the prosecution version.
Deceased ultimately died at 1.15 p.m. on May 30, 1996.
Both the injuries were kept under observation.
In the said occurrence the deceased was seriously injured.
Deceased was admitted to P.G.I., Chandigarh, at about 10.20 a.m. on May 30, 1996.
After the death of deceased, his brother Mohan Lal PW 3 proceeded to Police Station, Nawanshahr, to lodge the FIR.
