MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal directed by Major Singh - accused-Appellant against the judgment and order dated 21.7.2000, passed by Additional Sessions Judge, Moga, vide which the accused-Appellant has been convicted under Sections 304(II) and 456 IPC and sentenced to undergo imprisonment and fine as detailed under:

(2.) Both the sentences were ordered to run concurrently.

(3.) Case of the prosecution in brief is that Bohar Singh complainant made statement that he was working as a 'Siri' with Gian Singh s/o Gurdev Singh. On 1.10.1995 at 8.30 P.M. He alongwith his wife Binder Kaur and mother Surjit Kaur was present in his house, his father's brother Major Singh -accused came to his house. He was under the influence of liquor and started abusing and was saying that he will teach them a lesson for locking the hand pump. On hearing the noise, neighbourer Surjit Singh @ Seeta, Tulsa Singh Harijan came to his house and tried to pacify Major Singh in the outer street. After some time, Major Singh came back alongwith dang and again started abusing. The wife of complainant Binder Kaur also came in the street. Major Singh attacked him with the dang. Wife of the complainant came forward to separate them. The dang struck on her head. Major Singh gave another blow of dang near her right ear. She fell down. Accused gave another dang blow on her back side of waist. On alarm, Major Singh escaped from the spot alongwith dang. The incident was seen by the complainant and others in the light of bulb installed in the house of Surjit Singh. The motive of the occurrence was stated to be that children of Major Singh and that of complainant used to have a fight between them and the complainant had locked his hand pump for which reason, Major Singh had a grouse and had inflicted injuries on the person of Binder Kaur. Earlier she was being treated at home, but thereafter on 7.10.1995, her condition deteriorated. The complainant alongwith his father-in-law Darshan Singh admitted