AJMER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) LEARNED Sessions Judge, Ambala on 21.8.1993 held the appellants Ajmer Singh and Tirlochan Singh guilty of the offence punishable under Section 304 Part -II Indian Penal Code. By the subsequent order of sentence passed on the same day, both the appellants were directed to undergo rigorous imprisonment for a period of 7 years and a fine of Rs. 1,000/ -. In default of payment of fine each of them were to undergo rigorous imprisonment for one year. Aggrieved by the said judgment and the order of sentence both Ajmer Singh and Tirlochan Singh had preferred the present appeal. The complainant assails the order of the learned trial court asserting that the appellant should be convicted for the offence punishable under Section 302/34 IPC and in any case the sentence and the fine imposed should be suitably enhanced.

(2.) THE relevant facts of the prosecution case are that Jarnail Singh deceased brother of Lakha Singh left his house along with the appellant and another on 16.8.1992 at 3.00 P.M. They all had gone to the liquor vend of Ram Pal. It is located at Kalu Jhanda, District Solan. They had taken liquor at about 7.30 P.M. and started consuming it at some distance from the liquor vend. After consuming them liquor they had left for their village. The deceased picked up a quarrel saw the deceased quarrelling with the appellants at about 9.00 P.M. At that time they were near the revulet closed to the village. He did not talked to them. On the same evening Kartar Singh was going towards his fields for guarding the crops. He saw the deceased on the ground. The appellants were giving stone blows on the person of the deceased. There was another person pressing the mouth of the deceased to avoid him from raising an alarm. Kartar Singh did not take notice of it and thought that it was the usual way of the drunkards and simply told them not to fight.

(3.) ON 17.8.1992 at about 7.00 A.M. Tirlok Singh went to ease himself. He found the dead body of Jarnail Singh. Half of it was submerged in the pond. He came to the village and informed Lakha Singh brother of the deceased. Lakha Singh had earlier been going from pillar to post enquiring about the deceased. Accompanied by others, the brother of the deceased came to the pond.