JASPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant is convicted for the offence under Section 304-Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years.

(2.) According to the case of the prosecution, the accused alongwith two others namely; Sarbjit Singh and Amrikpal Singh gone to village Qila Hans. The appellant and other accused Amrikpal Singh gave a complaint to the Block Development; Officer, Delhon against Balwinder Singh, Sarpanch of the village in regard to the misappropriation of the Panchayat funds. The Block Development Officer visited the village and held enquiry on December 27, 1985 and in the said enquiry, Bhopinder Singh deceased gave evidence in favour of the Sarpanch. After giving evidence when he was coming out, the appellant inflicted a blow with brick on the forehead of Bhopinder Singh. Accused Nos. 2 & 3 pinned down the deceased and the appellant gave a blow with brick. Baljit Singh and Amrik Singh the two witnesses who were witnessing the incident, rescued Bhopinder Singh but he became unconscious and the three accused ran away. The injured Bhopinder Singh was taken to Civil Dispensary Delhon where Dr. Amarjit Singh examined him at about 3.20 p.m. but referred him to Civil Hospital, Ludhiana for treatment. He also sent intimation to the local Police. The Assistant Sub Inspector Amar Singh reached the dispensary at Delhon but Dr. Amatjit Singh opined that the injured was unfit to give a statement. Then the Assistant Sub Inspector recorded the statement of Baljit Singh PW lion the basis of which a case under Section 308 IPC was registered against the accused. Bhopinder Singh injured was removed to Civil Hospital, Ludhiana and he was operated upon for the head injury. Bhopinder Singh died in the hospital on December 29, 1985 at 9.55 a.m. due to the injury sustained by him. Then the Assistant Sub Inspector changed the FIR to Section 304 I.P.C. and took up investigation. After completion of the investigation the charge-sheet was filed in Court against the accused. In order to prove the guilt of the accused, the prosecution examined 14 witnesses and marked documents after closure of the prosecution evidence, the accused were examined under Section 313 Cr.P.C. In defence, the accused did not adduce any evidence. On a consideration of the evidence on record, the learned Sessions Judge, Ludhiana convicted the appellant for the offence under Section 304 Part II of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of five years. He acquitted the other 2 co-accused.

(3.) Aggrieved by the conviction imposed upon him, the appellant preferred the above appeal.