DHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the order of the Additional Sessions Judge, Hisar, dated 23.3.1989, whereby the present appellant was convicted under section 304 Part-I of the Indian Penal Code and was sentenced to undergo R.I. for 7 years. He was further directed to pay fine of Rs. 1000/- or in default of payment of fine to further undergo R.I. for one year.

(2.) IN brief, facts relevant for the disposal of this appeal, as emerge from the statement of Amar Singh first informat and an eye-witness, are that on 28.10.1988 he along with his nephew Rajinder went to village Dhani Raju Ki in order to give ceremonial items on occasion of Karwa Choth ceremony and impending Dewali to his niece Banarsi, as well as to the sisters of Rajinder who were married in that village. At about 6.00 P.M. when they reached the house of Banarsi, they found children of Banarsi and Chhabila (father of the present appellant) quarrelling with each other. Banarsi tried to pacify them. At that time, the appellant armed with a Lath came there and raised lalkara, as to why Banarsi was beating his brother and he gave a Lath blow to Banarsi which hit her on head while she was standing. Lath broke into two pieces. Banarsi fell down after the receipt of the injury and the appellant ran away leaving the Lath, which had broken into two pieces near the spot. In the meantime, Ram Sarup, husband of Banarsi, came there running from the side of the temple. Benarsi was then being taken to Civil Hospital Hansi but she succumbed to her injuries before reaching the hospital.

(3.) APPELLANT when examined under section 313 Cr.P.C. denied the prosecution allegation levelled against him and pleaded false implication. According to him, Om Prakash his younger brother and Suresh son of Banarsi quarrelled on the evening of day of occurrence. Thereafter Om Parkash went to the roof of his house and aimed a brick at Suresh sitting in the compound of his house, which accidentally hit Banarsi, on her head.