KALA SINGH @ GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are filed against the final judgment and orders dated 08.02.2019 and 01.03.2019 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No.713 of 2003. High Court has modified the conviction from Section 302 IPC to Section 304 Part­I r/w Section 34, IPC, and sentenced to 12 years ' rigorous imprisonment and a fine of Rs.10,000/­. The conviction under Section 201 IPC was maintained.

(3.) It is alleged that, the appellant and the deceased had a sudden fight as the deceased had stolen the pigeon of the appellant and in the heat of passion upon a sudden quarrel, the co­accused (Kehar Singh) who had rod with him, gave a blow with the rod on the right side of the head of the deceased resulting in his death. It is further alleged that, thereafter the appellant and co­accused have thrown the dead body of the deceased in the minor canal.