SURJIT SINGH @ KAKU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by Surjit Singh @ Kaku. He was tried by the Court of Sessions Judge, Sirsa in case FIR No. 245 dated 18.9.2000 registered at Police Station Rania Distt. Sirsa under Sections 302/34 IPC.

(2.) The learned Sessions Judge, Sirsa came to the conclusion that it was a case of sudden fight without any pre-meditation. Therefore, no offence under Section 302 IPC was made out and, thus, convicted the appellant for offence under Section 304 Part II IPC and sentenced him to undergo RI for five years and to pay a fine of Rs. 5000/- and in default of payment of fine, to further undergo RI for six months. However, co-accused of the appellant Charanjit Kaur and Jasvir Singh were acquitted of the charge.

(3.) Challenge in the present appeal is to the conviction recorded for offence under Section 304 Part II IPC and the sentence awarded for the same. FIR in the present case was lodged on the basis of statement Ex.PK made by Surjit Kaur wife of deceased Bhagwan Singh. She stated that she was issueless. She was residing along with her husband. On 18.9.2000 at about 7.00 A.M., when Charanjit Kaur wife of Jasvir Singh alias Jassa, the neighbour, was extracting the electric energy through electric wire, when the wire was removed same fell on a small Neem tree standing in the courtyard of the complainant. Complainant objected and stated that there is a need to protect the Neem tree as in old age they sit beneath the Neem tree. This led to scuffle between Charanjit Kaur and Surjit Kaur PW-8 and they started grappling. Bhagwan Singh husband of the complainant came forward to separate them. At that time, Surjit Singh and Jasvir Singh came to help Charanjit Kaur. They started beating Bhagwan Singh husband of the complainant. Bhagwan Singh caught hold of Charanjit Kaur. Jasvir Singh gave a Gandasa blow from its reverse side to Bhagwan Singh. At that time, appellant Surjit Singh, who was having a small knife in his hand, gave a blow of it in the chest of Bhagwan Singh due to which Bhagwan Singh fell down. Complainant raised a noise which attracted Jeet Singh Panch and son of her sister. According to witness, these persons had witnessed the occurrence.