(1.) THIS appeal has been filed by Gurjant Singh against the judgment of the learned trial Court, convicting him under section 307, Indian Penal Code, and sentencing him to undergo rigorous imprisonment for 2/1 years and to pay a fine of Rs. 1100/- indefault of payment of which to undergo further rigorous imprisonment for three months.
(2.) THE appellant was workings as a Siri with Boota Singh (P.W.4). The prosecution case is that a few days before the occurrence, Jagtar Singh (P.W.3) son of Boota Singh PW had thrown some grass on the ground and the dust emanating therefrom fell on the appellant. This enraged the appellant and he hurled filthy abuses upon Jagtar Singh. The latter reported the matter to his father Boota Singh who reprimanded the appellant which gave him further annoyance. On the following day, the appellant reported late at the house of Boota Singh by about 3 or 4 hours and on this account, Boota Singh turned him out of the house. However, on the next day, on the intervention of Niranjan Singh, father of the appellant, Boota Singh allowed the appellant to continue working as Siri.
(3.) BOOTA Singh was removed to the Civil Hospital, Sangat where he was medically examined by Dr. A. K. Mandal (PW. 1.). The doctor sent information to Sangat Police Station regarding the injuries received by Boota Singh in pursuance of which Head, Constable Janak Singh reached the hospital at 7.15 A.M. and he recorded the statement of Jagtar Singh (Exhibit PF) on the basis of which a formal First information Report (Exhibit PF/2) was recorded.