MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants were convicted for an offence under Sections 304 Part I and 452 of the Indian Penal Code ('IPC' for short) by the Additional Sessions Judge Hoshiarpur vide judgment dated 16.5.2000. Vide order of even date, they were sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 4000/- each under Section 304 Part I IPC and they were also sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/- each under Section 452 IPC. Both the sentences were ordered to run concurrently. Hence, the present appeals by the appellants.

(2.) The brief facts of the case, as noticed by the trial Court, read as under :-

(3.) Learned counsel for the appellants has submitted that the prosecution has failed to prove its case. The dispute had arisen between the parties who were related to each other. Malkiat Singh and Jaswinder Singh had also suffered injuries. The said injuries had not been explained by the prosecution. As per the FIR, Om Parkash had given a gandassi blow on the head of the deceased, whereas, as per witnesses, while appearing in the witness box, he had attributed injuries to appellant-Jaswinder Singh also with a Faura on the head of deceased-Chaman Lal. As per the medical evidence, there was only one injury on the person of the deceased. Learned counsel has further stated that in civil suit filed by Malkiat Singh and others Rs. 3,00,000/- have been allowed as damages to the family members of deceased-Chaman Lal.