RESHAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgement/order dated 20.4.1995 passed by the Additional Sessions Judge, Amritsar whereby the appellant has been convicted under section 304 IPC and sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 500/- and in default of payment of fine to undergo further rigorous imprisonment for one month.

(2.) THE prosecution case, as unfolded by Bachittar Singh (PW1) in his statement (Ex. PA) recorded by the police on 3.8.1990 at about 12.30 P.M. in Guru Nanak Dev Hospital, Amritsar, is that the agricultural lands of Bachittar Singh (PW 1) Joginder Singh (PW2) Jagir Singh (now deceased), Resham Singh (appellant herein) and others are situated adjacent and nearby to each other. These lands are being irrigated by tubewells installed by the proprietors thereof and being run by electricity supplied from common transformer. The appellant used to help one Gurbax Singh in running his tubewell by providing electricity in an illegal manner by feeding the same from his cables, as a result of which the functioning of the tubewells of Bachittar Singh and others was adversely affected due to extra load being put on the common transformer.

(3.) ON 15.8.1990 at 11 A.M. Doctor Vasdev Sharma (PW.5) performed autopsy on the dead body of Jagir Singh and found the following injuries on the dead body: