HARDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Hardip Singh has preferred the instant appeal against the judgment of conviction and order of sentence dated 09.04.2002, passed by Sessions Judge, Hoshiarpur, vide which he has been held guilty for the commission of offence punishable under Section 304 Part II IPC and accordingly convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two months under the aforesaid Section.

(2.) The brief facts of the prosecution case are that on 19.04.2002, complainant Avtar Singh, got recorded his statement Ex.PC to ASI Paramjit Singh in which he stated that on that day i.e. 19.04.2002 at about 8:00 p.m., his younger brother had come to his house in connection with some domestic affairs and they were talking with each other while sitting in a room. In the meantime, they heard some noise in the courtyard that Manjit Kaur, wife of complainant, was asking her son Hardip Singh alias Raju accused to slow down the volume of television but he was saying that he will not do so but will raise the volume. On this, Manjit Kaur and Hardip Singh alias Raju started quarrelling with each other and Hardip Singh inflicted 3- 4 fist blows on the face and head of Manjit Kaur on account of which she fell down on the ground and became unconscious. The complainant and his brother tried to rescue her and accused Hardip Singh ran away from the spot. Complainant and his brother Amarjit Singh removed Manjit Kaur to Civil Hospital, Mahilpur by arranging a conveyance where the doctor declared her as brought dead. On the basis of statement of complainant, ruqa was sent to the police station and FIR EX.PC/2 was registered. Spot was inspected and rough site plan was prepared. Inquest report of the dead body of Manjit Kaur was prepared and the dead body was sent for conducting postmortem examination. Statements of witnesses were recorded. Accused was arrested. After necessary investigation, challan against the accused was presented before the Court.

(3.) On presentation of challan, copies of challan and other documents were supplied to accused under Section 207 Cr.P.C. Finding a prima facie case against the accused, he was chargesheeted for the commission of offence punishable under Section 304 IPC to which he pleaded not guilty and claimed trial.