MOHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal filed by Mohan Lal directed against the judgment and order of sentence passed by learned Sessions Judge, Ludhiana dated 25-1-1995. By virtue of the impugned judgment, learned trial Court held the appellant guilty of the offence punishable under Section 304 Part-I Indian Penal Code. The appellant was sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 5000.00. In default of payment of fine, he was to undergo further rigorous imprisonment for one more year. The entire amount if recovered was directed to be paid to Smt. Harbhajan Kaur, widow of Baldev Raj, after the expiry of the period of appeal, if any.

(2.) On 17-6-1991 Karam Singh was returning to his house from the fields. When he reached near the house of Baldev Raj, deceased, he beard a noise. Appellant, Mohan Lal was holding a Gandasi. He gave a Gandasi blow from its sharp side. It hit on the left side of the head of Baldev Raj. Baldev Raj fell down in his courtyard. Where the occurrence took place. Another blow with Gandasi was given with its reverse side. It struck Baldev Raj on left side of the eye. Thereafter appellant ran away with the weapon of offence.

(3.) Karam Singh wrapped his Parna (piece of cloth) around the head of Baldev Raj so that blood could be stopped from bleeding. Karam Singh requested one person in the village to take the deceased to the Hospital and thereafter took him in the Car to Civil Hospital, Machhiwara.