IMPORTANT POINTS
When identification of the accused and his presence at the scene of incident is not established and evidence is not reliable, the accused cannot be convicted.
Single fist blow resulting in minor abrasion without use of weapon, cause of death is not identified and there was no enmity between the accused and the deceased, the accused cannot be convicted u/s 304 Part II.
Fact proved by credible evidence does not require corroboration.

JUDGMENT

Chelameswar, J.

1. Around 1.45 pm on 27.12.1988, First Information Report No.244 came to be registered by SubInspector Kaka Singh (PW5) of Police Station “Kotwali” of Patiala District of the State of Punjab on the basis of information given by one Shri Jaswinder Singh (PW3). From the narration in the FIR, it appears that the incident which eventually culminated in the death of Gurnam Singh could have simply passed off as yet another incident of road rage but for the death of Gurnam Singh. According to the FIR, around 12.30 p.m., an incident occurred at the traffic light of Battian Wala Chowk in front of the State Bank of Patiala, Patiala City. Jaswinder Singh (PW3), Avtar Singh (PW4) and the deceased Gurnam Singh were travelling in Maruti Car No.CH I 8422 driven by the deceased. Both the accused herein were travelling by vehicle No.PAD 6030. A dispute arose on the right of way between the accused and the deceased. In the process the first accused who is a cricketer of some fame got out of his vehicle, pulled the deceased out of his vehicle and inflicted fist blows. When PW3 tried to intervene, the second [It must be mentioned here that though the FIR clearly mentioned the name of first accused, the name of second accused was not mentioned. He was only described as a clean shaven man.] accused herein got out of the vehicle and gave fist blows to PW3. Thereafter, they removed the keys of the car of the deceased and fled away from the scene of occurrence. PW3 and PW4 took Gurnam Singh who was “in a state of unconsciousness” by a rickshaw to a hospital, known as Rajendra Hospital where the doctors announced that Gurnam Singh was dead.

2. Thereafter, PW3 went to the police station (leaving PW4 in the hospital) and lodged the FIR.

3. Case was registered under Sections 304/34 of the Indian Penal Code, 1860 (hereafter referred to as “IPC”) against the first accused and unnamed second accused.

4. Around 3’O Clock, PW5 reached Rajendra Hospital along with PW3. PW5 prepared the inquest report, which was attested by PW3 and PW4. The dead body of Gurnam Singh was sent for postmortem examination. At about 3.30 p.m., PW3 to PW5 went to the scene of occurrence where PW5 prepared rough site plan. At 4.30 p.m., postmortem examination over the dead body was conducted by PW2. A copy of the FIR was received by the concerned Magistrate admittedly around 5.30 p.m.

5. PW2 Dr. Jatinder Kumar Sadana, who conducted the postmortem examination, recorded two external and one internal injuries:

1) 0.75 cm x 0.5 cm abrasion present over left temporal region at the injunction of upper part of pinna.

2) 0.5 cm x 0.5 cm abrasion over the front of left knee, and

Subdural hemorrhage present over the left temporal region.

PW2 recorded that the injuries are antemortem in nature and caused by ‘blunt weapon’. He opined that the cause of death of Gurnam Singh could be given only after receiving the report of the pathologist. The pathologist’s report dated 09.01.1989 was received in due course by PW2. Inspite of the pathologist’s report, PW2 was not able to give any definite opinion regarding the cause of death of Gurnam Singh. He, therefore, addressed a letter dated 11.1.1989 to the Civil Surgeon, Patiala requesting him to refer the case to the Forensic Expert of Government Medical College, Patiala. In response to the said request, a Medical Board comprising six members, which included PW1 Dr. Krishan Vij and PW2, came to be constituted by an office order dated 13.01.1989 of Principal, Government Medical College, Patiala. PW1 was described therein to be Convener of the Board.

6. Thereafter, some correspondence took place between SHO Police Station “Kotwali” and PW2. The SHO made an attempt to secure a more precise medical opinion regarding the cause of death of Gurnam Singh. PW2 declined to give any further opinion maintaining that “regarding the opinion whether the injury could be because of fist blow, any such clarification would be given in the Court.”

7.