MULKH RAJ AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment dated 27.01.2000, passed by Addl. Sessions Judge, Gurdaspur, convicting and sentencing the appellants-accused (herein referred as 'the accused') as under:

(2.) Complainant Swaran Dass (now deceased)(herein referred as 'the complainant') is the brother of the accused. One year prior to the occurrence, he had taken a loan of Rs. 800/- from his brother Mulkh Raj but due to his inability to return the same, the accused Mulkh Raj was not happy with him and had abused him on this account. On 22.11.1996, at about 7:00 p.m., when the complainant alongwith his wife and son was sitting in the Courtyard of his house, both the accused, who are brothers of the complainant, came on the roof of their house abused him and exhorted to teach him a lesson for not returning Rs. 800/- to Mulkh Raj. Accused Mulkh Raj started hurling brick bats and one of the brick bats hit on the left eye of complainant whereas his wife and son rushed into verandah to save themselves whereas, both the accused went back. Complainant was removed to Civil Hospital, Fatehgarh Churian where he was medico legally examined. On the ruqa sent by the doctor, ASI Ram Singh reached the hospital, recorded the statement of complainant, on the basis of which case was registered and investigated. Complainant was removed to Guru Nanak Dev Hospital, Amritsar where he expired on 30.11.1996.

(3.) The accused Mulkh Raj was charged under Section 302 IPC whereas accused Kashmir @ Sheera was charged under Section 302 read with Section 34 IPC.