RAVI KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) Appellant calls in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court affirming the conviction of the appellant (hereinafter referred to as the accused) under Section 302 of the Indian Penal Code, 1860 (in short the IPC) and sentence of imprisonment for life and fine imposed with default stipulation.

(3.) The prosecution version in a nutshell is as follows: On May 29, 1996 a quarrel had taken place between Hans Raj (hereinafter referred to as the deceased) and accused Ravi Kumar, who was then servant of one Gandharav Singh over a very trivial matter. Deceased reported the incident to his brother Mohan Lal (PW-3) and Ram Lubhaya. On May, 30, 1996 at about 7 p.m. when the three brothers were present in the Hada Rori of village Jadla, Gandharav Singh called deceased to get the dispute settled with his servant accused-Ravi Kumar. Mohan Lal and deceased followed Gandharav Singh to his tubewell. Accused-Ravi Kumar and Bahadur Singh (PW-4) were already present there. Gandharav Singh placed a Dhangu behind him. When the talks were going on, a quarrel between accused-Ravi Kumar and deceased again ensued. Accused-Ravi Kumar picked up the Dhangu placed behind Gandharav Singh and gave two blows on the head of deceased. Deceased fell down. Mohan Lal (PW-3) raised an alarm. In the meantime Ram Lubhaya also reached there. Accused-Ravi Kumar then made good his escape. Deceased was taken to the Primary Health Centre, Jadla by Mohan Lal (PW-3) and Ram Lubhaya. After giving first aid, deceased was referred to Civil Hospital, Nawanshahr.