TARSEM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Special leave in this appeal was confined to the nature of offence and sentence. We have heard learned counsel for the parties. We are inclined to the view that on the prosecution evidence the offence made out against the appellant is not that of culpable homicide amounting to murder punishable under S. 302 but of culpable homicide not amounting to murder punishable under S. 304 Part II of the indian Penal Code, 1860. The evidence of the eye-witnesses disclose that the appellant struck the deceased Bishan Dass with the blunt side of his takwa. It appears that earlier there was a drunken brawl leading to an altercation and in the heat of the moment the appellant struck a solitary blow with the takwa on the head of the deceased which unfortunately proved to be fatal. It is true that Public Witness 3 Dr Ram lubhaya has deposed that the death of the deceased was due to shock resulting from the head injury which was sufficient in the ordinary course of nature to cause death. The facts and circumstances however do not bring the case within clause Thirdly of S. 300. The circumstances tend to show that the appellant had no intention to killthe deceased. He could only be attributed with the requisite knowledge that the injury resulting from the takwa blow was likely to cause his death. In view of this, we alter the conviction of the appellant from under S. 302 to one under S. 304 Part II of the Indian penal Code. He is sentenced to undergo rigorous imprisonment for a period of five years and in addition to pay a fine of Rs. 15,000. 00 or in default, to undergo further rigorous imprisonment for three years. The fine amount shall be deposited within three months from today in the court of the Sessions Judge, Hoshiarpur. The fine amount if collected shall be paid to the legal heirs of the deceased Bishan Dass.

(2.) Subject to this modification in the appeal, the appeal is dismissed. Bail bonds of the appellant shall stand cancelled and he be taken into custody forthwith to serve out the remaining part of the sentence.