KULJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Kuljit Singh has been convicted under Section 304 Part II of the Indian Penal Code (for short the code) and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 200/- in default to undergo further rigorous imprisonment for two months.

(2.) According to the prosecution case, Kuljit Singh and Balwinder Singh accused (since acquitted) started giving fist blows to Harmesh Chander deceased. who was returning to his house alongwith his brother Ashok Kumar at 6.45 P.M. on 22.2.1988. On 25.2.1988, Harmesh Chander died and autopsy was conducted by Dr. Sukhdev Singh on 26.2.1988 and the following injuries were found :-

(3.) Ashok Kumar was said to be accompanying the deceased and was thus as eye witness. The accused denied the prosecution allegations. The trial Court after appreciating the evidence on record acquitted Balwinder Singh, but held the charge to be proved against Kuljit Singh appellant. It was held that merely because there was delay in lodging the F.I.R. It could not be inferred that the prosecution case was an after thought and the explanation that F.I.R was not lodged on account of there being no visible injury was acceptable. The testimony of Ashok Kumar and Subhash Chander was believed.