SOM PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an appeal against the conviction under Sec. 304 I.P.C. and a sentence of 10 years R.I.

(2.) I have heard the learned counsel for the appellant and the learned A.G.A.

(3.) In brief, the prosecution case is that on 21.2.79 at about 5.00 p.m. Karan Singh informant and Bara Singh (deceased) were coming from Kashipur. Sompal Singh accused stopped them at his but and asked them to join in drinks. Chhote Singh was also sitting in the hut. Later on, there was an altercation between Sompal Singh accused and Dara Singh, Chhote Singh and Karan Singh tried to intervene. An axe was lying in the hut. Sompal Singh accused gave axe blows to Dara Singh. He escaped throwing the axe there and could not be apprehended by Karan Singh and Chhote Singh. Sri Dara Singh died on the spot. Sri Karan Singh is a Chaukidar in the Plantation. He went to inform his employees about the incident and next day came back with his employer Bir Singh and then he lodged the F.I.R. at about 2.15 o.m. on 22.2.79.