LAKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal, by special leave, is directed against the a judgment and order dated 14.03.2008 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.508-DB of 1999 affirming the conviction and sentence of the present appellant in respect of an offence under Sec. 302 IPC.

(2.) According to the case of the prosecution, the family of the deceased Surjit Singh had a field adjacent to the agricultural field of the appellant and the appellant had installed a thresher with electronic motor which emitted dust and finer particles which would settle in the field of the deceased causing harm to the crops. On 13.05.1993, the deceased along with Pws 3 and 4 had been to the field for cutting fodder at which time the appellant along with co-accused were operating the thresher. This led to a verbal altercation in which the side of the accused gave blows to the deceased and the prosecution witnesses. The deceased received a single blow on the head which proved to be fatal.

(3.) According to Dr. Sat Pal, PW-1, who conducted the post-mortem examination, the following injury was found on the person of the deceased: