HARJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HARJINDER Singh son of Gurdial Singh was booked in a case bearing FIR No. 80 dated 22.5.1990, under Section 304 IPC, registered at police station Nawanshahar for allegedly causing the death of one Battar Chand aged 65 years on 21.5.1990 by throwing a brick towards him, hitting him on his groins (testicles). The prosecution story in brief runs thus :

(2.) THE appellant demanded money from Battar Chand (deceased) on account of some early deal, in which he was to be sent abroad. He was keeping a hostile attitude towards the deceased. After taking liquor, he used to abuse him on every available occasion. On 21.5.1990 at about 9.00 P.M., the appellant went up the roof top of house of the deceased, abuse him and started saying loudly that since the complainant-side had not returned his money, he could not go abroad and that he would kill him. The applicant was advised by Bakhshish Singh, Satnam Kumar and Lakhwinder Singh not to behave in that manner. Instead of listening to their advice, the appellant took up a brick and threw it towards the deceased, hitting him on his groins. Battar Chand was removed to hospital, where he was declared dead.

(3.) I have heard learned counsel for both the sides. With their assistance, I have carefully perused the entire evidence on record.