LAWS(P&H)-2003-10-156

JAGBIR Vs. STATE OF HARYANA

Decided On October 28, 2003
JAGBIR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Appellant, vide judgment dated 28.5.1991, was found guilty and convicted for commission of an offence under Section 304 Part II IPC. He, vide order dated 31.5.1991, was ordered to suffer rigorous imprisonment for seven years. Hence, this appeal.

(2.) Records reveals that accusation against the appellant was regarding causing death of his real uncle Hoshiara (father's brother) on account of some dispute regarding cut made in the boundary line existing between the land/fields of the parties. Alleged occurrence had taken place on 25.12.1990 at 12.00 noon. It was allegation of the prosecution that 10 days before the occurrence, appellant/accused had made a cut in the boundary existing between his fields and that of the deceased's family.

(3.) On the fateful day, deceased alongwith his son Surinder Singh (PW4), his daughter Santosh (PW-5), his wife Smt. Anguri and two persons from village, namely, Tek Ram and Sultan, came to their fields. Appellant/accused was also present there. Deceased was showing cut made in the boundary of the fields to Sultan and Teka. Appellant/accused became infuriated and started giving filthy abuses to them. At the time of occurrence, Santosh and Anguri were cutting fodder at a close distance. Surinder Singh (PW4) was armed with a Jelwa. When PW4, heard abuses being called to his father, he gave a Jelwa blow to the appellant, which hit him at his forehead. Thereafter, weapon of offence was caught by Sultan.