AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The matter has been referred to this Bench due to a difference of opinion between the two learned judges of this Court who had heard the appeal; one learned judge holding the offence to be one under Section 304 Part I IPC and the second learned judge holding the said offence to be one covered by Section 302 IPC.

(2.) It appears that following the aforesaid order the accused has been released from custody in September, 2011 on the strength of a warrant of release issued by the jurisdictional Sessions Judge. Though we fail to understand how the accused could have been released, pending a resolution of the difference of opinion between the two learned judges of this Court, we are not inclined to go into the said issue and instead deem it appropriate to go into the core issue arising.

(3.) The occurrence took place on 22nd October, 1996 at about 1.00 p.m. when the accused and the deceased were working in the field of the accused appellant. Apparently, the deceased abused the accused appellant (accused No.1) and the accused No.1 had asked the accused No. 2 - one Anil, since acquitted, to bring a "kassi (spade)" which the accused No.2 obliged. With the aforesaid weapon [i.e. kassi (spade)] the accused No.1, the appellant herein, is reported to have injured the deceased who succumbed to her injuries four days after the alleged incident. The report of the post-mortem indicated nine (09) incised wounds on the neck of the deceased.