BAL KISHAN @ BALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Bal Kishan @ Bali s/o Jagat Ram has directed the present appeal against the judgment and order dated 25.10.2000 passed by Sh. Harbans Lal, Additional Sessions Judge, Nawanshahar, vide which the accused-appellant has been convicted under Section 304, Part II, IPC and sentenced to undergo rigorous imprisonment for 8 years and to pay a fine of Rs. 5,000/- or in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) The case of the prosecution in brief is that on 17.11.1998, Ranjit Singh s/o Bhagat Singh, made statement to the police in which he has stated that some of their land is lying vacant in village Pojewal, adjacent to the land of Bal Kishan @ Bali accusedappellant. On that day, Rajinder Kumar brother of Bal Kishan started putting earth in that very land by means of tractor trolley. Bhagat Ram deceased stopped him from putting earth, on which Rajinder Kumar became furious and exchanged abuses with his father. The matter was patched up on the intervention of the residents of the village.

(3.) Thereafter, at about 2.00 P.M. Ranjit Singh alongwith his mother Rakhi Devi were standing in their plot. His father Bhagat Ram was proceeding towards his house from the plot and when he reached near the gate on the back side of the school, Bal Kishan @ Bali accused appellant gave a blow with a wooden rake (Foura) on the head of his father with a view to teach a lesson to Bhagat Ram for preventing them from putting earth in the passage. Bhagat Ram fell down on the ground. Complainant and his mother Rakhi Devi raised noise. The accused ran away from the place of occurrence.