Name of
convict",Offence,Sentence
Vishal
Wadhwa","Under Section 302
IPC","Rigorous imprisonment for life and also to pay a fine of Rs.20,000/-, in default whereof, to further undergo R.I. for a
period of four months.
,"Under Section 324
IPC","Rigorous imprisonment for one year and also to pay a fine of Rs.10,000/-, in default whereof, to further undergo R.I.
for a period of two months.
and left thigh. Vishal Wadhwa ran away. He had taken Devinder Singh and Satinder Singh @ Johny injured to the Civil Hospital, Lalru. Devinder",,
Singh was declared dead. In his cross-examination, he admitted that his village was at a distance of 10/12 kilometers from the place of occurrence.",,
He received phone call at about 10.30 P.M. He was present in his village. The shop of Satinder Singh @ Johny's brother was opposite the shop of,,
Vishal Wadhwa's father. The shop of Satinder Singh @ Johny's brother was open at the time of occurrence. In his cross-examination by the learned,,
Public Prosecutor, he had denied that Vishal Wadhwa, Ashok Kumar and Ravinder Singh @ Happy were present and they participated in incident in",,
question.,,
10. PW-4 Dharampal HC deposed that on 02.11.2014 Vishal Wadhwa made statement disclosing that he had kept concealed his clothes smeared with,,
the blood of deceased and iron barchi in the thick area of village Kurali. He got the same recovered.,,
11. PW-9 Atul Soni Inspector testified that he reached the spot. He sought opinion of doctor whether Satinder Singh @ Johny was in a position to,,
make statement. He recorded statement of Satinder Singh @ Johny vide Ex.PA. Statement of Ravi Kumar was recorded at the spot at 2.30/3.00,,
P.M.,,
It had come in the investigation made at the spot that about 5/6 boys before the occurrence, had entered into the shop of Vishal Wadhwa and had",,
come out of the shop during the course of scuffle.,,
12. PW-10 Barma Singh SI deposed that he interrogated the accused. The accused was arrested vide memo Ex.PW10/A. The statement of accused,,
Ex.PW4/A was recorded on the basis of which recoveries were made. The disclosure statement was made at 3.00 P.M.,,
13. The post-mortem was conducted by PW-5 Dr.Harleen Bahga. She noticed the following injuries on the body:-,,
“1. 3 cm x 0.2 cm abrasion left side on forehead.,,
2. Incised wound 1 cm broad 2 cm long 10 cm deep extending to rib cage and heart.,,
3. Abrasion on toes great toe, 2nd toe, 3rd toe both sides.â€",,
The cause of death was due to haemorrhage and shock leading to cardiorespiratory failure which was sufficient in ordinary course of nature to cause,,
death. The probable time elapsed between death and post-mortem examination was about 20 hours and death occurred immediately after the injury.,,
14. PW-7 Dr.Harpreet Walia had examined the complainant Satwinder Singh @ Johny. He noticed the following injuries on the person of,,
complainant:-,,
“1. Three incised sharp wound were noticed on his left leg all wounds were approximately 1 inch long and 1. inch wide,,
2. One wound on hip with depth approximately ½ inch two wounds on back of thigh of depth 1 ½ inch and ½ inch respectively.â€,,
15. The case of the prosecution is that the complainant Satinder Singh @ Johny and deceased Devinder Singh had gone to attend the Jagran on,,
31.10.2014. They were beaten up by Vishal Wadhwa and his friend. They came back to their home. In the morning of 01.11.2014, the complainant",,
and Devinder Singh were going on motor cycle to their shop. Ravi Kumar and Sandeep Singh were on their motor cycle. The appellant stopped them.,,
He gave knife blows on the body of Devinder Singh. He was removed to hospital by the complainant and Ravi Kumar. It has come in the statement of,,
PW-1 Satinder Singh @ Johny that he had tried to falsely implicate the father of the appellant as well as Sh. Ravinder Singh @ Happy. He had named,,
them since the shop belonged to Ashok Kumar. PW-1 Satinder Singh @ Johny has deposed that the uncle of deceased Devinder Singh was called by,,
the deceased to get the compromise effected between him and Vishal Wadhwa. PW-3 Kamaljit Singh also told his nephew that he would come and,,
talk to father of Vishal Wadhwa. The appellant was in his shop.,,
16. Learned counsel appearing on behalf of the appellant has vehemently argued that the complainant party had dragged the appellant outside the,,
shop. The appellant in order to save himself gave knife blows to the deceased with barchi. These injuries proved fatal. Though initially the case of the,,
appellant was that he pushed the deceased and he fell on iron rod. The fact of the matter is that as per the prosecution case, an altercation took place",,
in the morning of 31.10.2014. Thereafter the incident took place at 11.00 A.M. on 01.11.2014. The scuffle had taken place all of a sudden when the,,
complainant party reached near the shop of the appellant. The act was not premeditated. The fight ensued in the heat of passion upon a sudden,,
quarrel. The offender had not taken undue advantage or acted any cruel or unusual manner. However the fact of the matter is that the appellant was,,
aware that in case blows are given by barchi it may cause death. Injury No.2 is deep. It is also apparent that the complainant party had reached to,,
compromise the matter as per the statement of PW-1 Satinder Singh @ Johny and PW-3 Kamaljit Singh but things went out of control.,,
17. Accordingly the appeal is partly allowed. The conviction of the appellant is altered from Section 302 IPC to Section 304 Part-I IPC. The appellant,,
is in custody. Appellant/convict be produced in Court on 20.02.2019 to hear him on quantum of sentence under Section 304 Part I IPC.,,
