DALBIR SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant Dalbir Singh has impugned the judgment dated 23.03.1999 convicting him for the offence punishable under Section 302 IPC and order on sentence dated 27.03.1999 vide which he was sentenced to undergo life imprisonment and to pay a fine of Rs. 2000/- and in default, to undergo simple imprisonment for one year with benefit under Section 428 Cr.P.C.

(2.) BRIEFLY stated appellant Dalbir Singh alongwith his mother Sohan Devi (acquitted by learned Trial Court) was sent to face trial on the basis of complaint Ex.PW5/A lodged by Mr.Tek Chand, son of Mr.Udey Ram and brother of deceased Rajinder Singh. The contents of complaint Ex.PW5/A reveal that on 22.03.1991 at about 8.15 pm, he alongwith his mother and sister-in-law (Bhabhi) Mrs. Santosh was watching Chitrahar, his elder sister-in-law (Bhabhi) Ms.Veero (wife of the deceased) was busy in cooking. Deceased Rajinder Singh was sipping tea outside the house when the appellant Dalbir Singh abused him complaining that children of the deceased were indulging in abuses. While threatening to see Rajinder, the appellant forcibly took him to the place where buffaloes were tethered and started attacking him with a phawadi kept there for removing the cow dung. Deceased Rajinder suffered injuries on his head and other parts of the body and he alongwith his mother and Bhabhi Mrs.Veero removed him to the hospital. As the deceased was opined to be 'unfit for statement' his statement Ex.PW 5/A was recorded.

(3.) AT this stage, we would like to observe that initially not only FIR was converted under Section 304 IPC but even the chargesheet reveal that the appellant and his mother were sent to face trial for committing the offence punishable under Section 304 IPC. However, in Report under Section 173 Cr.P.C. by overwriting in Column No.7 at the top, the offence mentioned as 304 IPC was changed to under Section 302/34 IPC.