SHANKAR DASS Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANTS Shankar Dass and Dharam Vir have filed Criminal Appeal No. 421-DB of 1989 against the judgment dated 20th September, 1989, passed by the Additional Sessions Judge, Kapurthala, whereby both of them were convicted under section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/- each, in default thereof to undergo further rigorous imprisonment for three months. Criminal Revision No. 118 of 1990 has been filed by Shrimati Bishan Kaur widow of Charan Singh (deceased) for enhancement of fine and disbursement of the fine amount as compensation to her. Criminal Appeal No. 421- DB/1989 and Criminal Revision No. 118/1990 are being disposed of by this judgment.

(2.) FACTS of the prosecution case, in brief, are that on 24th April, 1988, at about 7 a.m. Charan Singh (deceased) and his brother Joginder Singh were present in the Haveli. They went towards their vacant plot and found that Dharam Vir accused was throwing bricks from his plot into the plot of Charan Singh. At that time Shankar Dass accused was armed with a Sota. Charan Singh (deceased) asked Dharam Vir not to throw bricks in their plot upon which Dharam Vir raised lalkara asking his father Shankar Dass accused that Charan Singh be taught a lesson for stopping them from throwing the bricks. Shankar Dass gave a Sota blow on the head of Charan as a result of which he fell down. Then Dharam Vir threw a brick at Charan Singh which hit on his head. After causing the in juries the accused ran away from the spot. Charan Singh was taken to Primary Health Centre, Panchhata, from where he was referred to Civil Hospital, Phagwara. Thereafter on the advice of the doctor of the Phagwara hospital, Charan Singh was removed to CMC Ludhiana. Charan Singh died on the same day at 8.45 p.m.

(3.) THE accused were rested on 30th April, 1988. Upon interrogation accused Shankar Dass made the disclosure statement (Exhibit P.13) and pursuant thereto got record danda (Exhibit P. 15).