RAVINDER SINGH ALIAS BABBU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAVINDER Singh alias Babbu aged 21 years and his co- accused Jujhar Singh alias Titu aged 18/19 years were charged under Section 302/34 IPC for committing the murder of Jaswant Lal on 3.1.1995. Jujhar Singh alias Titu stands acquitted whereas the present appellant was convicted by the learned Sessions Judge, Jalandhar on 11.9.1996 under section 304 Part II IPC and has been sentenced to undergo RI for five years and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo RI for two months.

(2.) SINCE the learned counsel for the appellant has not assailed the impugned judgment, I do not feel the necessity of entering into detailed discussion on facts.

(3.) THE learned trial court after examining the entire evidence has observed that there was no previous enmity between the accused and the deceased since the appellant has not taken any undue advantage, the knowledge of the act that it was likely to cause death can be attributed to him, therefore, his case falls under Section 304 Part II IPC. He, as such, was convicted under Section 304 Part II IPC instead of section 302 IPC for which he was charged. His co- accused was, however, acquitted. Admittedly, no appeal has been filed by the State on any count.