STATE OF PUNJAB Vs. LAKHWANT SINGH

JUDGEMENT

(1.) LAKHWANT Singh (36) has filed this appeal against his conviction for the culpable homicide of his brother Narain Singh for which he was tried, convicted and sentenced by the learned Sessions Judge, Sangrur, vide judgment dated September 10, 1990, and ordered to undergo rigorous imprisonment for five years and to pay a fine of Rs. 3,000/- under Section 304 (Part-II) of the Indian Penal Code. Feeling aggrieved, the appellant has filed the present appeal.

(2.) LAKHWANT Singh appellant and his brother Narain Singh and their respective families lived in the family house outside village Kaheru. They both had separate residences but shared the verandah and the courtyard. Their parents Chainchal Singh and Darshan Kaur lived with the appellant. Chainchal Singh owned 18 acres of land, which had been divided into three equal shares. One share was retained by himself while the other two shares had been given to the appellant and the deceased, respectively. The prosecution alleged that since Chainchal Singh lived with Lakhwant Singh, he had given his own share also to Lakhwant Singh. Narain Singh deceased had asked Lakhwant Singh to divide their father's share into two equal shares, but Lakhwant Singh was not agreeable. For this reason the brothers often quarrelled with each other.

(3.) NARAIN Singh was medico-legally examined by Dr. Sham Lal Goel PW2 at about 8.50 PM and was found to have the following injured on his person :