MAHABIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 26 May 2009 passed by the High Court of Punjab and Haryana whereby the High Court partly allowed the appeal filed by the present appellant and altered his conviction from that under Section 302 of the Indian Penal Code ("IPC") to one under Part I of Section 304 IPC. The appellant was directed to undergo imprisonment for life.

(2.) Shortly stated, the facts are that there was a property dispute between the parties and it is the case of the defense that they had orders of courts and revenue authorities in their favour whereby the possession of the land in dispute had been given to them. The case of the complainant party was that though orders may have been passed, but actual possession of the property was with them. Therefore, there was a dispute as to who was in possession of the property.

(3.) From the facts which have been narrated in the judgment, it is apparent that the High Court has also not come to a clear cut finding as to which party was the aggressor. The High Court came to the conclusion that there was a free fight and in this melee, the appellant Mahabir struck a blow with a sharp edged weapon i.e. gandasi on the head of Gokal, who unfortunately died. It is observed by the High Court in its judgment that there was no intention to kill as no second blow was given.