RANDHIR SINGH ALIAS DHIRE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Randhir Singh alias Dhire has been convicted for having committed an offence under S. 302. Indian Penal Code in that on July 4, 1979. he gave a blow with a Kassi on the head of Mohan Singh who under the impact of the blow fell down on the ground. He was removed to the hospital where he died on July 10, 1979. Autopsy on the dead body of Mohan Singh was conducted by P. W. 1 Dr. S. C. Garg on the very day. He noticed the following injuries :

(2.) The appellant and his father Shamsher Singh were tried by the learned Sessions Judge for having committed an offence under Sec. 302, I. P.C. and Sec. 302 read with Sec. 34. I. P. C. respectively. The learned Sessions Judge convicted both of them for the offence with which each of them was charged and sentenced each of them to suffer imprisonment for life. Shamsher Singh, the second accused was also directed to pay a fine of Rs. 3,000/-, in default to suffer rigorous imprisonment for one year.

(3.) In the appeal preferred by both the accused a Division Bench of the High Court of Punjab and Haryana held that the charge against Shamsher Singh was not brought home and he was given benefit of doubt and acquitted. Conviction of the appellant and the sentence imposed upon him were confirmed.