MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT -Mohinder Singh, who was tried for committing culpable homicide not amounting to murder by causing the death of his brother Balbir Singh and, thereby, committing an offence punishable under Section 304 IPC, has filed the present appeal for challenging the judgment and order dated 1.2.2003 passed by the learned Additional Sessions Judge (I), Kaithal whereby he was convicted for the aforementioned offence and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/ - and in default of payment of fine, to further undergo imprisonment for three months.

(2.) THE machinery of law was set into motion by Babli wife of deceased Balbir Singh, who, on 16.6.2002 at about 11.40 a.m. made statement before SI Mohinder Singh at Rajound chowk, Rajound. In her statement, she mentioned that her husband was one of the six brothers. Giani Ram was the eldest, who had died about 17 years ago. Satpal Singh, Baldev Singh, Balbir Singh (deceased), Pala Ram and Mohinder Singh (appellant) were younger to him in that order. All of them had been living separately. The plots of her brother -in -law Pala Ram and Mohinder Singh -appellant were adjacent to her house. Though the plots had been partitioned at the instance of the brotherhood yet Pala Ram and Mohinder Singh used to have dispute on the issue of partition. The complainant used to tether her cattle in the plot of Pala Ram with his consent. On 15.6.2002 at about 8.00 p.m., the complainant and her husband Balbir Singh were standing at the main gate of their house. In the meantime, the appellant came in the street and after calling bad names, asked as to why the cattle had been tethered in the plot. The deceased replied that the cattle had been tethered in the plot of Pala Ram with his permission. Upon this, the appellant caught hold of Balbir Singh from his neck and took him in the vacant plot after giving him slaps and fist blows. In the meantime, Pala Ram also reached the spot. On seeing the complainant and Pala Ram, the appellant pushed Balbir Singh, who struck against the wall. Balbir Singh fell down on the ground. The appellant, after giving the push fled from the spot. The complainant and her brother -in -law Pala Ram took Balbir Singh to her house where after one hour he succumbed to the injuries received by him as a result of pushing and also slaps and fist blows. However, before he died, he was complaining of pain in the chest. When all the relatives gathered, the complainant alongwith her brother -in -law Pala Ram started for the Police Station for lodging the report. Accordingly, she prayed for taking legal action against the appellant.

(3.) IN support of its case, the prosecution examined PW1 Dr. B.B. Kakkar, Medical Officer, General Hospital, Kaithal, who deposed that on 16.6.2002 at about 2.00 p.m., he conducted post -mortem on the dead body of Balbir Singh and observed as under: -