MADANLAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The above appeal is preferred by the appellant, Madanlal who was aged about 18 at the time of occurrence challenging the correctness of the judgment made by the High court of Punjab and Haryana at chandigarh in Crl. A. No. 576 of 1976 whereunder he stands convicted under S. 302 Indian Penal Code and sentenced to undergo imprisonment for life. The High court on appeal has confirmed the conviction and the sentence. Hence this appeal.

(2.) It is seen from the records that leave was granted limiting the question to the nature of offence and quantum of sentence. Facts of the case are clearly set out in the judgment of the trial court as well as of the high court. It is, therefore, not necessary for us to reiterate the same except slating that the appellant on 27/08/1975 at about 9 p. m. in the area of village Khuyan Sarwar committed the murder of Ramlal by beating him with the handle of a hand pump and causing him serious injuries due to which injuries he died three days thereafter, namely, on 29/08/1975 at 6.30 p. m. The motive for the occurrence is rather painful. The relevant portion of the judgment of the High court regarding the motive reads as follows:

(3.) Mr R. L. Kohli, Sr. Adv. appearing on behalf of the appellant fervently pleaded that the facts and circumstances of this case when examined in the background of the motive, the offence would be one punishable under S. 304 Part II but not under S. 302 Indian Penal Code on the ground that Exception 1 to S. 300 Indian Penal Code will be attracted. We have scrutinised the evidence in detail as well as the circumstances attending the case. Public Witness 4 Lachhman Dass in his evidence has stated as fol- lows: