HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Harbans Singh, Punjab Singh and Dara Singh @ Darbara Singh were sent up for trial before the Addl.Sessions Judge, Patiala who chose to convict accused Harbans Singh alone under Section 304 Part II IPC and sentence him to 5 years rigorous imprisonment. Accused Harbans Singh has challenged the above judgement of conviction and sentence passed by the trial Court.

(2.) IT is the case of the prosecution that on 1.12.2001 at about 7.30 p.m., accused Harbans Singh with the common intention shared by coaccused Punjab Singh and Dara Singh, committed culpable homicide not amounting to murder by causing the death of Pala Singh and thereby accused Harbans Singh committed the offence under Section 304 IPC and the other accused Punjab Singh and Dara Singh committed the offence punishable under Section 304/34 IPC.

(3.) PW 2 Jaipal, who was the author of the first information report deposed that on 1.12.2001 at about 7.30 p.m., he reached in front of the house and shop of accused Harbans Singh alongwith his brother Pala Singh after finishing work in their fields. Accused Punjab Singh and Dara Singh also were standing over there. Pala Singh who was the brother of PW2 Jaipal demanded liquor from accused Harbans Singh who felt offended and started grappling with Pala Singh. The other two accused also tried to hackle Pala Singh. All the three accused thrashed Pala Singh by raining fist blows. In the meantime, accused Harbans Singh brought an iron weight from inside his shop and attacked Pala Singh on his head and chest and caused injuries. Pala Singh was rescued from the clutches of the accused and was brought home. As the condition of Pala Singh started deteriorating, he was removed to Rajindra Hospital, Patiala, where he was declared as brought dead.