BHURA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the order of Additional Sessions Judge, Bhatinda, dated 2-12-1991 whereby the appellant was convicted under Section 304 Part I of the Indian Penal Code for intentionally causing the death of the brother Gura Singh alias Gamdur Singh and was sentenced to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 500.00. In default of payment of fine he was ordered to undergo further rigorous imprison ment for two months.

(2.) In brief facts of the prosecution case are that Sukhdev Kaur wife of Gura Singh (deceased) was sick. On 14-1-1990, Malkiat Kaur and her husband's brother Bindar Singh came to the house of Gura Singh to enquire about the health of Sukhdev Kaur. At about 7.30 p.m. Malkiat Kaur, Sukhdev Kaur and Bhura Singh were sitting in a room whereas Gura Singh was taking his meals while present outside the room near the hearth. After taking his meals Gura Singh asked his brother Bhura Singh who was lying on a cot to go to his own house. After some time he got up and started striking his head against the wall. Bhura Singh also abused Gura Singh. Then Bhura Singh accused picked up a Tamba from the gate of the cattle shed and gave two blows on the back side of thighs of Malkiat Kaur raised alarm which at tracted Gura Singh. Bhura Singh gave a Tamba blow on the head of Gura Singh who fell down and become unconscious. Thereafter Bhura Singh went away along with Tamba. Gura Singh injured was removed to Civil Hospital, Bhagta from where he was taken to Government Medical Collage and Hospital, Faridkot. Gura Singh died after six days of the accurrence in the said hospital as a result of the injuries received by him without regaining consciousness.

(3.) The motive for the crime is that Bhura Singh accused used to beat his wife and Gura Singh deceased used to prevent him from doing so and Bhura Singh accused nourished a grudge against the deceased on that appellant was challenged, tried, convicted and sentenced as stated earlier.