CHUNNU LAL Vs. STATE

JUDGEMENT

(1.) CHHUNNU Lal, the accused appellant in S. T. No. 424 of 1985 has been convicted of the offences under Sections 302 and 323,i. P. C. and sentenced to undergo imprisonment for life and imprisonment for one month under the two accounts, by the judgment and order dated 30 -4 -1980.

(2.) THE prosecution contention was that the accused and Puttani alias Mustqeem, the deceased in the case were good friends and on the date of occurrence i. e. , 12 -3 -1985 had taken meat and alcohol together at the house of Chhunnu Lal, the accused appellant. Something occurred between the two which resulted in exchange of abuses which was not paid much attention by the neighbour as it was usual among them. However, at about 10 in the evening, one Pradeep alias Dinesh came to Liayaakat, the informant in the case and conveyed that Chhunnu Lal was actually killing Puttani and they should be set apart. Liayakat then went with Pradeep, Pradhan Subedar Singh, Shivlal Kachi, Ram Avatar and Nathu Lal but when he attempted for the intervention he was also given a blow of lathi striking him in the eyebrow region. When the lathi of Chhunnu Lal had broken, he picked -up a brick and assaulted Puttani with it in the head region thereafter he died. Chhunnu Lal was brought forcibly, to outer portion and the room was closed, an information was sent to the family members of Puttani and in the next morning they came to the Police Station where a first information report was lodged at 7. 10 a. m.

(3.) AFTER due investigation, a charge -sheet was submitted by the police for prosecution under Section 304,i. P. C. but after committal as both the offences were tried by the Court of Sessions, the Session Judge proceeded to frame a charge under Sections 302 and 323,i. P. C. and recorded the conviction after considering the offences. Aggrieved by the same the accused has come up with the appeal.