IMPORTANT POINT
Culpable homicide - Fist blows by accused - Death caused probably due to the effect of abdominal injuries - Act of accused endangered the life of deceased - Offence made under Section 325 IPC and not 304 Part II IPC.

T.P.S.Mann, J.

1. By way of this judgment, I am disposing of Criminal Appeal No. 667-SB of 1999, filed by appellant-Narain Singh, against his conviction under Section 304, Part II, IPC and sentence of R.I. for four years and to pay a fine of Rs. 5000.00 , as recorded by the learned Sessions Judge, Patiala vide judgment and order dated July 20, 1999 and Criminal Revision No. 1311 of 1999, filed by complainant-Kuldip Kumar for enhancement of fine imposed upon Narain Singh and payment of the same to the kith and kin of Baljit Kumar-deceased, as compensation.

2. The facts giving rise to the present case are that during the last week of August, 1989, appellant-Narain Singh was posted as a constable in Police Station, Ghanaur, whereas Baljit Kumar deceased was working as a cook in the Police Station. C. Narain Singh along with H. C. Kulwant Singh were posted on duty at the Electric Grid, as there was a Bharat Bandh in those days. On August, 29, 1989 at about midnight, C. Narain Singh came to Baljit Kumars house and called him outside, saying that he was being called by the In-charge of the Police Station The accused also asked the deceased as to why he did not bring food to Grid Sub-Station, where the accused was on duty. At that time, Gurmail Kaur P.W. 3 and Kuldip Kumar P.W. 4, wife and brother, respectively, of Baljit Kumar-deceased were present in the house. The accused took Baljit Kumar towards the Police Station. While taking him along, he gave fist blows to Baljit Kumar, who started crying, but in spite of that he was not spared by the accused.

3. After about three hours, Baljit Kumar-deceased returned to his house. He apprised his wife Gurmail Kaur P.W. 3 and brother Kuldip Kumar P.W. 4 that he had been beaten by the accused. He started complaining of pain in his abdomen and flanks. On the next morning at 7.00 a.m. Baljit Kumar went to the Police Station for duty, though he was still complaining of pain. He did not return during the day time. However, at about 8.00/8.30 p.m., he was found lying outside the house in an unconscious stage. Both Gurmail Kaur and Kuldip Kumar made efforts to revive him by offering him milk, but it was all in vain. He was taken to Dr. Hari Krishan Chapria at Ghanaur, by the said doctor refused to attend upon Baljit Kumar, who was thereafter, brought back to the house. On the next morning i.e. 31-8-1989, Kuldip Kumar went to Police Station, Ghanaur to lodge report, upon which DDR No. 33 was registered at 6.30 a.m. on the basis of his statement. The police took Baljit Kumar in a Jeep to Rajindra Hospital, Patiala where he was, however, declared dead on his arrival. Upon receiving an information regarding the death of Baljit Kumar-deceased at Rajindra Hospital, Patiala, ASI Sukhdev Singh P.W. 6 went there and recorded the statements of Gurmail Kaur, Leela Devi and Krishan Kumar under Section 175, Cr. P.C. Inquest report Ex. PE was prepared. The dead body was handed over to C. Mohinderjit Singh for post-mortem examination. Dr. Duni Chand Sharma D.W. 2 conducted post-mortem on the dead body of Baljit Kumar-deceased, who gave his report Ex. DA, as per which there was no external injury and no definite cause of death could be ascertained. Blood as well as the viscera were sent for chemical examination.

4. A Medical Board comprising Dr. Krishan Vij P.W. 2, Dr. Harish Tuli and Dr. S. S. Oberoi was constituted by the Principal of Government Medical College, Patiala. The Medical Board conducted second postmortem examination on the dead body of Baljit Kumar deceased on 2-9-1989 and the following injuries were noticed on the dead body:

1. An abrasion 2 cm x .5 cm was present just below the left tibial tuberosity.

2. Two abrasions adjoining each other 1 x .5 cm and 1.5 cm x .5 cm were present just above the lateral malleolus ofleft leg.

3. An abrasion 2 x .5 cm was present just below the right tibial tubercle.

4. Abrasion 1.5 cm x .5 cm on right elbow and an abrasion 2 x 1 cm on left elbow.

5. On dissec