STATE OF PUNJAB Vs. BUDH PARKASH

JUDGEMENT

(1.) THE point that falls for determination in this State appeal is as to whether on the facts proved the respondent was guilty of an offence under Section 302 I.P.C of which he was acquitted by the trial Court, or of the one under section 304, Part 1, I.P.C., for which the respondent was convicted and sentenced to four years rigorous imprisonment.

(2.) SINCE before the State appeal became ripe for hearing, the respondent under went his entire sentence of imprisonment ; so on his behalf the facts, as found by the trial Court, have not been disputed, with the result that one can proceed straightaway to take note of only such facts as have a direct bearing on the determination of the question of law. These facts can be stated thus.

(3.) The respondent at the relevant time had been working as a Chaukidar in the Air Force Station, Halwara. He was also running a barber's shop known as 'Delhi Hair Cutting Saloon where he used to work in his spare time. He had employed the deceased named Balbir who used to work on his shop in his absence. Some days before the present occurrence the deceased left his employment. On the day of occurrence i.e. 9th June 1971, the deceased borrowed a chair from Ramesh Chander P.W. 4, a shopkeeper whose sweetmeat shop adjoined that of the respondent's barber shop. The deceased set up himself in front of the shop of Ramesh Chand P.W. with an intention to do barber's business around 7 am. At about 7.45 a.m. the accused came there. On seeing the deceased having set up himself for doing the barber's business near his shop, he, asked him not to do so. They exchanged a few words when the respondent caught the deceased by the neck, gave him a few fists and squeezed his neck. Ramesh Chand P.W. 3 and Tirath Ram P.W. 4 separated them. The deceased tell down and became unconscious. He was removed to the Primary Health Unit Sudhar, by the accused in the car which happened to pass that side. After the accused had left for the hospital in the car with the deceased, Ramesh Chand P.W. was advised by others to report the matter to the police post Halwara, which was located at a distance of only three furlongs from the place of occurrence. He did so at about 9 a.m. At about the time of the conclusion of the recording of his statement. Ruqqa Exhibit P.C. regarding the death of the deceased was also received from the Primary Health Unit, Sudhar, located nearby and on its basis a case under section 302 I.P.C. was registered at the Police Post and a regular F.I.R. was later on drawn up at 9 -30 a.m. that day at Police Station, Raikot.